Case Note & Summary
The petitioner, Nagarajan, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court seeking a writ of mandamus to direct the respondents 1 to 4 (District Collector, Divisional Engineer of National Highways Department, Tahsildar, and Commissioner of Nagercoil Corporation) to remove the alleged encroachment made by the fifth respondent, Bagavathiappan, in S.No.92/10 of Allor 'B' Village, Kalkulam Taluk, Kanniyakumari District. The petitioner had given a representation to the official respondents on 14.09.2024 for removal of the encroachments, 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. Accordingly, the court directed respondents 1 to 4 to consider the petitioner's representation dated 30.01.2024 on its own merits, after giving due opportunity to the petitioner, the fifth respondent, and all other interested persons, 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.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - Article 226 of the Constitution of India - The court directed the respondents to consider the petitioner's representation dated 30.01.2024 regarding removal of alleged encroachment, holding that non-consideration of a representation by a statutory authority amounts to dereliction of duty and justifies invoking Article 226. (Paras 5-6)
Issue of Consideration
Whether the respondents 1 to 4 should be directed to consider the petitioner's representation regarding removal of encroachment.
Final Decision
The court directed respondents 1 to 4 to consider the petitioner's representation dated 30.01.2024 on its own merits, after giving due opportunity to the petitioner, the fifth respondent, and all other interested persons, 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
- Non-consideration amounts to dereliction of duty
- Article 226 of Constitution of India
Case Details
2025 LawText (MAD) (01) 82
M.S.Ramesh, A.D.Maria Clete
For Petitioner: Ms.D.Saranya, For Respondents 1 to 3: Mr.P.Thilak Kumar Government Pleader
1.The District Collector, Kanniyakumari District, At Nagercoil. 2.The Divisional Engineer, National Highways Department, Old Employment Office Building, Nagercoil Kanniyakumari District. 3.The Tahsildar, Kalkulam Taluk, Thukalay Post, Kanniyakumari District. 4.The Commissioner, Nagercoil Corporation, Kanniyakumari District. 5.Bagavathiappan
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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 alleged encroachment.
Remedy Sought
Petitioner sought a direction to respondents 1 to 4 to remove the encroachment made by the fifth respondent in S.No.92/10 of Allor 'B' Village, Kalkulam Taluk, Kanniyakumari District by considering his representation dated 30.01.2024.
Filing Reason
The petitioner's representation dated 14.09.2024 regarding removal of alleged encroachments was not considered by the official respondents.
Issues
Whether the respondents 1 to 4 should be directed to consider the petitioner's representation regarding removal of encroachment.
Submissions/Arguments
Petitioner argued that his representation was not considered. Respondents did not oppose the direction.
Ratio Decidendi
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; non-consideration amounts to dereliction of duty, justifying invocation of Article 226 of the Constitution of India.
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 before the Madurai Bench of Madras High Court on 27.01.2025. The court took up the petition for final disposal at the stage of admission by consent of both sides.
Acts & Sections
- Constitution of India: Article 226
