M.Kanagaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.12447 of 2025 M.Kanagaraj ... Petitioner -vs1. The District Collector, O/o. the District Collector, Karur District, Karur.

2. The Superintendent of Police, O/o. the Superintendent of Police, Karur District, Karur.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, No.11, Saminathapuram, 1st Cross Street, Karur Town, Karur Taluk, and District 639 001

4. The Executive Officer, Arul Migu Kalyana Pasupatheeswara Temple, Karur Taluk, Karur District.

... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to consider the petitioner's representation dated 27.03.2025 and thereby permit to conduct the "Vaigasi Athur Sri Soliamman Chariot Festival" of the Athur Sri Soliamman muthusamy temple situated at Athur Nathamedu, Athur Village, Manmangalam Taluk, Karur District on 28.05.2025. For Petitioner : Mr.M.Mohamed Sherbudeen For Respondents : Mr.K.S.Selvaganesan (R1 & R3) Additional Government Pleader Mr.K.Gnanasekaran (R2) Government Advocate (Crl. Side) Mr.P.Athimoolapandian (R4)

ORDER

This writ petition has been filed seeking a direction to the 2nd and 3rd respondents to consider the petitioner's representation dated 27.03.2025 and thereby permit to conduct the "Vaigasi Athur Sri Soliamman Chariot Festival" of the Athur Sri Soliamman Muthusamy Temple situated at Athur Nathamedu, Athur Village, Manmangalam Taluk, Karur District, on 28.05.2025.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

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3. The petitioner being the president of the Trust, namely, Arulmigu Athur Soliamman Muthusamy Devotees Development & Charitable Trust, along with other trustees, decided to conduct the aforesaid festival in the subject temple. Therefore, the petitioner made representations to the respondents 2 to 4 dated 18.07.2024 & 27.03.2025. Since the said representations were not considered, the petitioner has filed the present Writ Petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representations dated 18.07.2024 3/6

& 27.03.2025, on its own merits and pass appropriate orders in accordance with law, within a period of one month from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 29.04.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The District Collector, O/o. the District Collector, Karur District, Karur.

2. The Superintendent of Police, O/o. the Superintendent of Police, Karur District, Karur.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, No.11, Saminathapuram, 1st Cross Street, Karur Town, Karur Taluk, and District 639 001 5/6

VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.12447 of 2025 Dated:

29.04.2025 6/6