Case Note & Summary
The petitioner, Ganesan, 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, Pudukottai; the Tahsildar, Thirumayam Taluk; and the President, Nedungudi Village Panchayat (respondents 1 to 3) to remove the alleged illegal construction and encroachment made by respondents 4 to 6 (Subramanian, KR.Karunakaran, and A.Veerappan) in Survey No.199/12, Nedungudi Village, Thirumayam Taluk, Pudukottai District. The petitioner had previously given a representation to the official respondents on 03.10.2022, but it was not considered. The Court observed that whenever a representation is made to a statutory authority, there is a duty cast upon it to consider the same on its merits and pass appropriate orders, and non-consideration amounts to dereliction of duty. Since considerable time had lapsed, the Court granted liberty to the petitioner to give a fresh representation to the concerned respondents. Upon receipt of such representation, the concerned respondent was directed to consider it on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, respondents 4 to 6, and any other interested person, within a period of three months from the date of receipt of the representation. 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 to Consider Representation - Non-consideration of representation by statutory authority amounts to dereliction of duty - Court directed the concerned respondent to consider the petitioner's fresh representation within three months, after giving opportunity to all interested parties - Held that the Court is justified in invoking Article 226 to direct consideration of representation (Paras 3-4).
Issue of Consideration
Whether the Court should direct the statutory authorities to consider the petitioner's representation regarding removal of alleged illegal construction and encroachment.
Final Decision
The Court disposed of the Writ Petition with a direction that the petitioner may give a fresh representation to the concerned respondents, and upon receipt, the concerned respondent shall consider it on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, respondents 4 to 6, and any other interested person, within a period of three months from the date of receipt of the representation. No order as to costs.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus lies to direct consideration
