Vajravel v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Vajravel ... Petitioner -vs1.The Commissioner, Nungambakkam High Road, Chennai - 600 034.
2.The District Collector, Tiruchirappalli District, Tiruchirappalli, 3.The Joint Commissioner, Thiruvanaikkovil, Tiruchirappalli.
4.The Deputy Commissioner, Thiruvanaikkovil, Tiruchirappalli.
5.The Assistant Commissioner, Thiruvanaikkovil, Tiruchirappalli.
6.The Executive Officer, Arulmigu Mariyaman Vaiyara Temple, Manapparai - 621 306, Thiruchirappalli District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 4 to 6 to permit the petitioner to participate in the performance of Abishegam to the deity Arulmigu Veppilai Mariyamman on 11.05.2025, the day of the petitioner's family Mandakapadi along with G.V.Sri Chandran and V.Jeybalaji. For Petitioner : Mr.S.Dhinakaran For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents 4 to 6 to permit the petitioner to participate in the performance of Abishegam to the deity Arulmigu Veppilai Mariyamman on 11.05.2025, the day of the petitioner's family Mandakapadi, along with G.V.Sri Chandran and V.Jeybalaji.
2. With the consent of both sides, this Writ Petition is taken up for final disposal, at the admission stage itself.
3. Seeking permission to participate in the performance of Abishegam to the deity Arulmigu Veppilai Mariyamman on 11.05.2025, the day of the petitioner's family Mandakapadi along with G.V.Sri Chandran and V.Jeybalaji, the petitioner submitted representations to the respondents on 09.03.2025 and 17.04.2025. However, no action has been taken on the said representations till date. Hence, the present Writ Petition.
4. Heard both sides.
5. 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, non-consideration 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.
6. In the light of the above observations, there shall be a direction to the sixth respondent herein to consider the petitioner's representation dated 09.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of one week 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 sixth respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 30.04.2025 Index : Yes / No smn2 Note:- Issue order copy on 30.04.2025.
To:- 1.The Commissioner, Nungambakkam High Road, Chennai - 600 034.
2.The District Collector, Tiruchirappalli District, Tiruchirappalli, 3.The Joint Commissioner, Thiruvanaikkovil, Tiruchirappalli.
4.The Deputy Commissioner, Thiruvanaikkovil, Tiruchirappalli.
5.The Assistant Commissioner, Thiruvanaikkovil, Tiruchirappalli.
6.The Executive Officer, Arulmigu Mariyaman Vaiyara Temple, Manapparai - 621 306, Thiruchirappalli District.
VIVEK KUMAR SINGH , J.
smn2 30.04.2025