Case Note & Summary
The petitioner, Athimoolam, 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 respondents (District Collector, District Revenue Officer, Revenue Divisional Officer, Tahsildar, Block Development Office, and Village Administrative Officer) to take appropriate steps to remove an alleged encroachment by the 7th respondent, Pandi, on government poromboke vacant site bearing old survey No.130/1, new survey No.1567/8, situated at Keelamarainadu, Alangulam, Virudhunagar District. The petitioner had submitted a representation dated 07.01.2025 to the official respondents requesting removal of the encroachment, but the representation was not considered, prompting the filing of the writ petition. The court observed that when 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, and the court is justified in invoking its extraordinary powers under Article 226 to direct consideration within a stipulated time. Accordingly, the court directed respondents 1 to 6 to consider the petitioner's representation dated 07.01.2025, after providing due opportunity to the private respondent (7th respondent), and to pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - The court held that 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, instead of keeping it pending indefinitely. Non-consideration amounts to dereliction of duty, justifying invocation of Article 226 of the Constitution of India to direct consideration within a stipulated time. (Paras 5-6)
Issue of Consideration
Whether the writ petition for a Mandamus to direct the respondents to consider the petitioner's representation for removal of encroachment is maintainable and whether the respondents are obligated to consider the representation within a stipulated time.
Final Decision
The court directed respondents 1 to 6 to consider the petitioner's representation dated 07.01.2025, after providing due opportunity to the private respondent (7th respondent), and to pass appropriate orders on merits within a period of eight weeks 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 maintainable for direction to consider representation
Case Details
2025 LawText (MAD) (01) 7
M.S.RAMESH, A.D.MARIA CLETE
For Petitioner: Mr.S.Meena, For Respondents 1 to 4: Mr.J.Ashok Additional Government Pleader, For Respondent No.5: Mr.S.Shaji Bino Special Government Pleader
1.The District Collector, Virudhunagar, Virudhunagar District. 2.The District Revenue Officer, District Revenue Office, Virudhunagar District. 3.The Revenue Divisional Officer, Revenue Divisional Officer, Sattur, Virudhunagar District. 4.The Tahsildar, Tahsildar Office, Vembakottai, Virudhunagar District. 5.The Block Development Office (Village Panchayat), Vembakottai, Virudhunagar District. 6.The Village Administrative Officer, Village Administration Office, Keelamarainadu, Alangulam, Virudhunagar District. 7.Pandi
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct removal of encroachment on government poromboke land.
Remedy Sought
Petitioner sought a direction to respondents 1 to 6 to take appropriate steps to remove the encroachment put up by the 7th respondent on government poromboke vacant site by considering the representation dated 07.01.2025.
Filing Reason
The petitioner's representation dated 07.01.2025 to the official respondents for removal of alleged encroachment was not considered.
Issues
Whether the writ petition for a Mandamus to direct the respondents to consider the petitioner's representation for removal of encroachment is maintainable?
Whether the respondents are obligated to consider the representation within a stipulated time?
Submissions/Arguments
Petitioner submitted that he gave representation on 07.01.2025 for removal of encroachment, but it was not considered.
Respondents did not file counter; the court proceeded by consent.
Ratio Decidendi
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 in one way or other, instead of keeping the same pending indefinitely. Non-consideration of the representation by the statutory authority would amount to dereliction of duty and hence, the court is justified in invoking its extraordinary powers under Article 226 of the Constitution of India to direct consideration within a stipulated time.
Judgment Excerpts
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.
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.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court on 30.01.2025, seeking a Writ of Mandamus to direct the respondents to consider his representation dated 07.01.2025 for removal of encroachment. The court, by consent of both sides, took up the writ petition for final disposal at the stage of admission itself and disposed it on the same day.
Acts & Sections
- Constitution of India: Article 226
