Citation : 2026 Latest Caselaw 1542 Mad
Judgement Date : 24 March, 2026
W.P.Crl.(MD)No.1613 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.03.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.Crl.(MD)No.1613 of 2026
N.Gowthaman ... Petitioner
Vs.
1. The Sub Collector/ Assistant Returning Officer,
Paramakudi Assembly Constituency,
Paramakudi Division,
Ramanathapuram District.
2. The Superintendent of Police,
Ramanathapuram,
Ramanathapuram District.
3. The Tahsildar,
Paramakudi,
Ramanathapuram District.
4. The Inspector of Police,
Emaneswaram Police Station,
Ramanathapuram. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus directing the respondents to permit the petitioner
to conduct the function on 27.03.2026 from 10 am to 7.30 pm of Misa.Sathaiya
Konars 47th death anniversary at Vilathur Village, Paramakudi Taluk,
Ramanathapuram District by considering the petitioner's representation dated
10.03.2026 and 19.03.2026 within the time stipulated by this Court.
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W.P.Crl.(MD)No.1613 of 2026
For Petitioner : Mr.N.Sathishwaran
For Respondents : Mr.M.Sakthi Kumar (R2 & R4)
Government Advocate (Crl.)
Mr.C.Satheesh (R1 & R3)
Government Advocate (Civil)
ORDER
This petition has been filed seeking for a direction to the respondents to
permit the petitioner to conduct the function on 27.03.2026 from 10.00 am to
7.30 pm of Misa.Sathaiya Konars 47th death anniversary at Vilathur Village,
Paramakudi Taluk, Ramanathapuram District, by considering the petitioner's
representations dated 10.03.2026 and 19.03.2026 within the time stipulated by
this Court.
2. When the matter was taken up for hearing, the learned Government
Advocate appearing for the respondents submitted that the petitioner's relief has
already been rejected.
3. In reply, the learned counsel appearing for the petitioner submitted
that the petitioner has made representations dated 10.03.2026 and 19.03.2026 to
the first respondent.
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4. Heard the learned counsel on either side and carefully perused the
materials placed before this Court.
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 and also the submissions made,
there shall be a direction to the first respondent to consider the petitioner's
representations dated 10.03.2026 and 19.03.2026, on its own merits and pass
appropriate orders in accordance with law forthwith. 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.
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7. With the above direction, this writ petition is disposed of.
24.03.2026
NCC : Yes / No
Index : Yes / No
sm
Note: Issue order copy on 26.03.2026.
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TO:-
1. The Sub Collector/ Assistant Returning Officer, Paramakudi Assembly Constituency, Paramakudi Division, Ramanathapuram District.
2. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
3. The Tahsildar, Paramakudi, Ramanathapuram District.
4. The Inspector of Police, Emaneswaram Police Station, Ramanathapuram.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J.
Sm
Order made in
Dated 24.03.2026
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