K. Alagar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WP(MD). No.28452 of 2024 K. Alagar ... Petitioner Vs
1. The District Collector, Ramanathapuram District, Ramanathapuram..
2. The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District..
3. The Tahsildar, Paramakudi Taluk, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to take necessary steps to form a committee representing by all community peoples for the effective administration of the temple as well as ensure the effective and peaceful worship of Arulmigu Sri Kaliamman Temple situated at Periyanendal Village Panthapanendal 1/5
Panchayat Sathurvedamangalam Post, Paramakukdi Taluk, For Petitioner : Mr.P.Ranjithkumar For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by M.S.RAMESH,J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. This writ petition has been filed for a mandamus to direct the respondents to take necessary steps to form a committee representing by all community peoples for the effective administration of the temple as well as ensure the effective and peaceful worship of Arulmigu Sri Kaliamman Temple situated at Periyanendal Village Panthapanendal Panchayat Sathurvedamangalam Post, Paramakukdi Taluk,
4. The petitioner herein had given a representation on 22.10.2024 to the respondents for effective administration of the temple. Since the 2/5
said representation was not considered so far, the present writ petition has been filed.
5. It is needless to point out that whenever a representation of this nature is made to Statutory Authorities, there is a duty cast upon them 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 the 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 respondents herein to consider the petitioner's representation dated 22.10.2024, 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, within a period of three months from the date of receipt of a copy of this order. It is 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 3/5
the concerned respondents to consider the same on its own merits.
7. With the above direction, the Writ Petition stands disposed of. No costs.
[M.S.R.,J] [A.D.M.C.,J] 28.11.2024 Index : Yes / No Internet : Yes RR TO
1. The District Collector, Ramanathapuram District, Ramanathapuram..
2. The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District..
3. The Tahsildar, Paramakudi Taluk, 4/5
M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.28452 of 2024 Date : 28/11/2024 5/5