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N.Gowthaman vs The Sub Collector/ Assistant Returning ...
2026 Latest Caselaw 1542 Mad

Citation : 2026 Latest Caselaw 1542 Mad
Judgement Date : 24 March, 2026

[Cites 1, Cited by 0]

Madras High Court

N.Gowthaman vs The Sub Collector/ Assistant Returning ... on 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.

                1/6


https://www.mhc.tn.gov.in/judis           ( Uploaded on: 26/03/2026 06:02:12 pm )
                                                                                             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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 06:02:12 pm )

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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 06:02:12 pm )

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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 06:02:12 pm )

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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 06:02:12 pm )

L.VICTORIA GOWRI, J.

Sm

Order made in

Dated 24.03.2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 06:02:12 pm )

 
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