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2026 DAILYLAW 24159 (MAD)

N.Gowthaman v. The Sub Collector/Assistant Returning Officer

WP Crl.(MD)/1613/2026 · 2026-03-24

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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 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. 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1613 of 2026 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. 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1613 of 2026 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. 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1613 of 2026 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. 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1613 of 2026 L.VICTORIA GOWRI, J. Sm Order made in W.P.Crl.(MD)No.1613 of 2026 Dated 24.03.2026 6/6 https://www.mhc.tn.gov.in/judis