Case Note & Summary
The petitioner, S. Mani, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the District Collector, Tahsildar, and Village Administrative Officer (respondents 1 to 3) to remove encroachments allegedly made by respondents 4 and 5 on land classified as 'Pathway and Alley' in survey numbers 29/6 and 451/2 at Chandranpatti, Ilayathangudi Post, Thiruppathur Taluk, Sivagangai District. The petitioner had submitted a representation dated 08.08.2024 to the official respondents, but it was not considered, prompting the filing of the writ petition. The court observed that statutory authorities have a duty to consider representations made to them and pass appropriate orders; failure to do so constitutes dereliction of duty. Without expressing any views on the merits, the court directed respondents 1 to 3 to consider the petitioner's representation after giving due opportunity to the petitioner, respondents 4 and 5, and all other interested persons, and to pass 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.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Article 226 of the Constitution of India - The court held that whenever a representation is made to a statutory authority, there is a duty to consider it on its own merits and pass appropriate orders, and 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 1 to 3 are obligated to consider the petitioner's representation regarding removal of encroachment on pathway and alley land.
Final Decision
The court directed respondents 1 to 3 to consider the petitioner's representation dated 08.08.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, respondents 4 and 5, and all other interested persons, within a period of 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
Case Details
2025 LawText (MAD) (01) 10
M.S.RAMESH, A.D.MARIA CLETE
For Petitioner: Mr.A.Banumathy, For Respondents 1 to 3: Mr.S.R.A.Ramachandran Additional Government Pleader
1.The District Collector / Monitoring Committee, Sivagangai District, Sivagangai. 2.The Tahsildar / Taluk Committee, Thiruppathur Taluk, Sivagangai District. 3.The Village Administrative Officer, South Ilayathankudi Group, Thiruppathur Taluk, Sivagangai District. 4.Bose 5.R.Perumal
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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.
Remedy Sought
Petitioner seeks direction to respondents 1 to 3 to remove encroachment made by respondents 4 and 5 on pathway and alley land.
Filing Reason
Non-consideration of petitioner's representation dated 08.08.2024 by the official respondents.
Issues
Whether the respondents 1 to 3 are obligated to consider the petitioner's representation regarding removal of encroachment on pathway and alley land.
Submissions/Arguments
Petitioner submitted representation dated 08.08.2024 for removal of encroachments, but it was not considered.
Official respondents did not file counter; court proceeded based on 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 and direct them to consider the same 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
Petitioner filed representation on 08.08.2024; not considered; filed writ petition on 30.01.2025; court disposed at admission stage by consent.
Acts & Sections
- Constitution of India: Article 226
