Case Note & Summary
The petitioner, A. Palanivel, filed a writ petition under Article 226 of the Constitution of India seeking a Mandamus to direct the respondents, including the National Highways Authority of India and the District Collector, to construct a subway near a government school under the overbridge being built on the Thirumangalam to Senkottai two-way road. The petitioner had submitted a representation to the respondents on 02.01.2025, but it was not considered. 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 without indefinite delay. Non-consideration amounts to dereliction of duty, justifying the court's intervention under Article 226. The court directed the second respondent to consider the representation and pass orders within three months, clarifying that it expressed no view on the merits. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Non-consideration of representation amounts to dereliction of duty - Court directed the second respondent to consider the petitioner's representation dated 02.01.2025 on its own merits and pass orders within three months, without expressing any view on merits (Paras 4-5).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation for construction of a subway near a government school.
Final Decision
The court directed the second respondent to consider the petitioner's representation dated 02.01.2025 on its own merits 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
- Mandamus for non-consideration
- Article 226 of Constitution of India
