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P.Vijay v. The Superintendent of Police

Madras HC20 Jan 2025WP(MD)/155/2025

Case brief

AI extract

What is this about?

W.P.(MD)No.155 of 2025, Madras High Court (Madurai Bench), decided 20.01.2025, M. Nirmal Kumar J. Keywords: Kidamuttu cultural event; Pongal festival; police permission; Kilamelkudi Village; Manamadurai; Sivagangai; writ of mandamus; Article 226 Constitution of India; representation dated 11.12.2024 not considered; duty to consider representation; dereliction of ordinary duties; direction to pass orders on merits within two weeks; disposal without deciding merits; Superintendent of Police; Deputy Superintendent of Police; Inspector of Police; petitioner P.Vijay.

What did the court decide?

Direction to respondents 1 to 3 to consider the representation dated 11.12.2024 and pass orders on its merits in accordance with law within two weeks from receipt of a copy of the order; connected miscellaneous petition (WMP(MD) No.151 of 2025) closed.

P.Vijay Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 3 are to be directed to consider the petitioner's representation seeking permission to conduct the Kidamuttu cultural event scheduled for 30.01.2025 at Kilamelkudi Village, Manamadurai Taluk, Sivagangai District.

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Court's answer

Whenever a representation of this nature (seeking permission for such events) is made, the respondents are duty bound to consider it one way or the other.

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Ratio / Principle

Non-consideration of such a representation amounts to dereliction of the ordinary duties of the respondents' office.

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Key takeaways

Because non-consideration constitutes dereliction of duty, this Court is justified in invoking its powers under Article 226 of the Constitution of India to direct the respondents to consider the petitioner's representation within a stipulated time.ratio¶27
Operative direction: without going into the merits, respondents 1 to 3 shall consider the petitioner's representation dated 11.12.2024 and pass orders on its merits in accordance with law within two weeks from receipt of a copy of the order.ratio¶28

Detailed headnote1 paragraphs

Writ petition under Article 226 seeking a direction to police respondents to grant permission to conduct the 'Kidamuttu' cultural event on 30.01.2025 at Kilamelkudi Village, Manamadurai Taluk, Sivagangai District, in connection with the Pongal festival. The petitioner's representation dated 11.12.2024 had not been considered. Held: whenever a representation of this nature is made the authorities are duty bound to consider it, and non-consideration amounts to dereliction of their ordinary duties, justifying exercise of Article 226 powers to compel consideration within a stipulated time. The Court expressly refrained from expressing any view on the merits and directed the respondents to consider the representation dated 11.12.2024 and pass orders on its merits in accordance with law within two weeks of receipt of a copy of the order. Writ petition disposed of; connected miscellaneous petition closed. (Single Judge: M. Nirmal Kumar, J.)

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W.P.(MD)No.155 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 20.01.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

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W.P.(MD)No.155 of 2025 and WMP(MD) No.151 of 2025

P.Vijay

... Petitioner

The Superintendent of Police, Office of the Superintendent of Police, Sivagangai.

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The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Near Manamadurai Bus Stand, Sivagangai.

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The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing respondents 1 to 3 to grant permission to conduct Kidamuttu cultural event on 30.01.2025 at Kilamelkudi Village, Manamadurai Taluk, Sivagangai District.

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For Petitioner : Mr. S.Ramsundarvijayraj

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For Respondents : Mr.A.Thiruvadikumar (R1,R3) Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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1/5

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W.P.(MD)No.155 of 2025

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ORDER

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This Writ Petition has been filed to direct the respondents 1 to 3 to grant permission to conduct Kidamuttu cultural event on 30.01.2025 at Kilamelkudi Village, Manamadurai Taluk, Sivagangai District.

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The contention of the petitioner is that in order to celebrate Pongal festival, the villagers decided to conduct Kidamuttu on 30.01.2025. There will be no law and order issue during the event. In this regard, the petitioner gave a representation to the respondents to conduct Kidamuttu on 11.12.2024. However, the same was not considered so far. Hence, the present petition has been filed.

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This Court has not expressed any of its view with regard

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to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in 2/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.155 of 2025

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invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time

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In view of the limited prayer sought for by the petitioner in the petition without going into the merits of the case there shall be a direction to the respondents to consider the representation of the petitioner, dated 11.12.2024 and pass orders on its merits in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

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