Case Note & Summary
The petitioner, N.S. Krishnamaraja, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a writ of mandamus to direct the District Collector and the Tahsildar (respondents 1 and 2) to remove encroachments on a road classified as a cart track in Survey No. 330/1A of Samsigapuram Panchayat, Rajapalayam Taluk, Virudhunagar District, and to restore free ingress and egress. The petitioner had submitted a representation to the official respondents on 25 November 2024, but it was not considered, leading to the filing of the writ petition. The Court observed that whenever a representation is made to a statutory authority, there is a duty to consider it on its merits and pass appropriate orders; non-consideration amounts to dereliction of duty. The Court directed respondents 1 and 2 to consider the petitioner's representation dated 25 November 2024, after giving due opportunity to the petitioner, the third respondent (Jayakumar), and all other interested persons, and pass orders in accordance with law within three months from the date of receipt of a copy of the order. The Court clarified that it had not expressed any views on the merits of the matter. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Article 226 of the Constitution of India - Whenever a representation 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; non-consideration amounts to dereliction of duty. The Court directed the respondents to consider the petitioner's representation within three months. (Paras 5-6)
Issue of Consideration
Whether the respondents are bound to consider the petitioner's representation regarding removal of encroachment on a public road.
Final Decision
The Court directed respondents 1 and 2 to consider the petitioner's representation dated 25.11.2024 on its merits, after giving due opportunity to the petitioner, the third respondent, and all other interested persons, and pass appropriate orders in accordance with law within three months from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus under Article 226
