P.Sadagopan vs The Union of India

Court
Madras High Court

2026:MHC:2562
W.A.Nos.3177 and 3202 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-06-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
W.A.Nos.3177 and 3202 of 2023
AND
C.M.P.Nos.26038 and 26180 of 2023
W.A.No.3177 of 2023
1. P.Sadagopan
2. R.Chandramurthy
3. S.Markandan
4. M.Padmaja
5. S.Balachandran
… Appellants
-vs-
1. The Union of India
Rep. by its Secretary,
Ministry of Consumer Affairs,
Food and Public Distributions,
Government of India, Krishi Bhavan,
New Delhi – 110001.
2. The Union of India,
Rep. by The Secretary,
Ministry of Finance,
Government of India,
North Block, New Delhi – 110 001.
3. The Union of India,
Rep. by the Secretary,
Ministry of Personnel, Public Grievances
and Pensions, Department of Pension and
Pensioners Welfare, 3rd Floor, Lok Nayak
Bhavan, New Delhi - 110 003.
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2026:MHC:2562
W.A.Nos.3177 and 3202 of 2023
4. The Food Corporation of India
Rep. by the Managing Director,
Head Quarters, 16-20 Barakamba Lane,
New Delhi - 110 003.
5. AR Sampathraghavan
… Respondents
W.A.No.3202 of 2023
1. V.Malayappan
2. R.Parthasarathy
3. A.Andreas
4. A.Somasundaram
5. N.Anbalagn
6. C.Ramachandran
7. V.Adiseshan
8. C.P.Sukumar
9. V.Nagarajan
10. N.Lakshmi
..Appellant(s)
-vs-
1. The Union of India
Rep. by its Secretary,
Ministry of Consumer Affairs, Food and
Public Distributions, Government of India,
Krishi Bhavan, New Delhi - 110 001.
2. The Union of India
Rep. by Secretary,
Ministry of Finance, Government of India,
North Block, New Delhi-110 001.
3. The Union of India,
Rep. by Secretary,
Ministry of Personnel, Public Grievances
and pensions, Department of Pension and
Pensioners welfare, 3rd floor, Lok Nayak
Bhavan, New Delhi - 110 003.
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2026:MHC:2562
W.A.Nos.3177 and 3202 of 2023
4. The Food Corporation of India
Rep. by the Managing Director,
Head Quarters, 16-20 Barakamba Lane,
New Delhi - 110 003.
5. M.Veeraraghavan
6. R.Thiagarajan
7. M.Panneerselvam
… Respondents
W.A.No.3177 of 2023
Prayer: To set aside the order 20.07.2023 made in W.P.No.14295 of
2022 on the file of this Hon’ble Court.
W.A.No.3202 of 2023
Prayer: To set aside the order 20.07.2023 made in WP.No. 11214 of
2022 on the file of this Hon’ble Court.
Case No. For Appellants For Respondents
W.A.No.3177 of 2023 Mr.G.Ethirajulu Mr.K.Ramanamoorthy,
CGC for R1 to R3
Mr.C.Chandrasekar for
FCI / R4
For R5 – No Appearance
W.A.No.3202 of 2023 Mr.G.Ethirajulu Mr.K.Ramanamoorthy,
CGC for R1 to R3
Mr.C.Chandrasekar for
FCI / R4
For R5 to R7 – No
Appearance
C O M M O N J U D G M E N T
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The issue mainly raised in the present Intra Court Appeal
instituted under Clause 15 of the Letters Patent is as to whether High
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2026:MHC:2562
W.A.Nos.3177 and 3202 of 2023
Court in exercise of powers of judicial review under Article 226 of the
Constitution of India can issue directions to dispose of representation
submitted by writ petitioners in the absence of establishing legal right
and in a routine manner.
2. Even for issuance of direction to consider the
representation, person approaching Court must establish his right or
infringement of right. High Court in exercise of powers of judicial review
is not expected to issue direction even to consider representation to
Authorities without examining rights involved as well as subject matter,
so as to ascertain whether grievance addressed by writ petitioner would
fall within the realm of powers of judicial review.
3. Issuing direction to consider the representation blindly
would not only cause prejudice to Government Authorities, but also
would pave way for considering those claims on extraneous
considerations. There is a possibility of using High Court's order for
creating files or to achieve one’s goal in an indirect manner. High Court,
while entertaining writ petition is expected to ascertain rights of persons
and to ensure that direction issued to consider the representation would
fall within the realm of powers of judicial review under Article 226 of the
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2026:MHC:2562
W.A.Nos.3177 and 3202 of 2023
Constitution of India.
4. Constitution Bench of Hon'ble Supreme Court in the case
of High Court Bar Association, Allahabad vs. State of U.P. and
1
others held as follows:
“37 (c) Constitutional Courts, in the ordinary course, should
refrain from fixing a time-bound schedule for the disposal of cases
pending before any other Courts. Constitutional Courts may issue
directions for the time-bound disposal of cases only in exceptional
circumstances. The issue of prioritising the disposal of cases
should be best left to the decision of the concerned Courts where
the cases are pending;
5. In the present case, Writ Court considered the grievance
of appellants and their primary grievance is that proposal submitted in
the year 2014 for amendment has not been fructified. Appellants have
sent several representations and Authorities have not considered the
same. Writ Court made a finding that Writ of mandamus directing
respondent to send notes of internal communication for amendment of
the Act cannot be issued. Materials and submissions made before Writ
Court was that the amendment to be brought in the Food Corporation of
India Act by taking note of certain official communications addressed on
the basis of their representations. Such a grievance may be addressed
to competent Authorities, but would not constitute a ground to entertain
writ petition, by High Court. Thus, writ petition is misconceived as rightly
held by Writ Court, which does not warrant any interference by this
1
2024 INSC 150
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2026:MHC:2562
W.A.Nos.3177 and 3202 of 2023
Court.
S.M.SUBRAMANIAM,J.
AND
N.SENTHILKUMAR,J.
AR
Consequently, the present Writ Appeals stand dismissed. No
costs. Connected Miscellaneous Petitions are closed.
(S.M.S.,J.) (N.S.,J.)
30-06-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AR
To:
1. The Secretary,
Union of India,
Ministry of Finance,
Government of India,
North Block, New Delhi – 110 001.
2. The Secretary,
Union of India,
Ministry of Personnel, Public Grievances and Pensions,
Department of Pension and Pensioners Welfare,
rd
3 Floor, Lok Nayak Bhavan,
New Delhi - 110 003.
3. The Managing Director,
Food Corporation of India
Head Quarters, 16-20 Barakamba Lane,
New Delhi - 110 003.
W.A.Nos.3177 and 3202 of 2023
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2026:MHC:2562
W.A.Nos.3177 and 3202 of 2023
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