Case Note & Summary
The petitioner, Lakshmanan R.V., 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, and Tahsildar of Pudukkottai District) to consider his representation dated 29.07.2024 and remove the alleged encroachment on 'Anathinam Land' in Survey No.265 of Nanjur Village, Kulathur Taluk, Pudukottai District. The petitioner had made the representation to the respondents, 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 without indefinite delay. Non-consideration amounts to dereliction of duty, justifying the invocation of extraordinary powers under Article 226. The court directed the respondents to consider the petitioner's representation dated 29.07.2024, on its own merits, after giving due opportunity to the petitioner 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 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, and the connected miscellaneous petition was closed.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - Non-consideration of representation by statutory authority amounts to dereliction of duty - Court directed respondents to consider petitioner's representation dated 29.07.2024 on its own merits and pass appropriate orders within three months, after hearing all interested parties - Held that Article 226 of the Constitution of India can be invoked to direct consideration of representation (Paras 4-5).
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation dated 29.07.2024 regarding removal of encroachment on Anathinam Land.
Final Decision
The court directed the respondents to consider the petitioner's representation dated 29.07.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all other interested persons, within a period of three months from the date of receipt of a copy of this order. The writ petition was disposed of with no order as to costs. The connected miscellaneous petition was closed.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Article 226 power to direct consideration
