Alex v. Secretary to Government, Animal Husbandry, Dairying and Fisheries Department
2025-01-06
A.D.MARIA CLETE, M.S.RAMESH
body2025
DigiLaw.ai
ORDER : [M.S. Ramesh, J.] (PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent herein to notify the petitioner's village namely Thamarankottai, Pattukottai Taluk, Thanjavur District in the Government Gazette so as to conduct “Vada Manju Virattu” to be held on 3rd day of Thai Tamil Month of every year based on the petitioner's representation dated 09.12.2024.) 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 first respondent herein to notify the petitioner's village namely Thamarankottai, Pattukottai Taluk, Thanjavur District in the Government Gazette so as to conduct “Vada Manju Virattu” to be held on 3rd day of Thai Tamil Month of every year based on the petitioner's representation dated 09.12.2024. 3. The petitioner herein had given a representation to the respondents on 09.12.2024, in this regard. Since the said representation was not considered, the present writ petition has been filed. 4. 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 the India and direct them to consider the same within a stipulated time. 5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 09.12.2024, on its own merits and pass appropriate orders in accordance with law, within a period of two [2] weeks 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 the concerned respondents to consider the same on its own merits. 6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.