Case Note & Summary
The petitioner, MCN.Manickam, 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—the District Collector, Madurai District; the Commissioner, Madurai Corporation; the Superintending Engineer, Highways Department; and the Superintending Engineer, Public Welfare Department—to construct bridges in Kondamari Odai near Visthara enclave and in Vaigai river connecting Paravai Vegetable market and Melakal Road. The petitioner had submitted a representation dated 20.01.2025 to the respondents regarding this request, but it was not considered, prompting the filing of the writ petition. The Court, after hearing the parties, observed that whenever a representation is made to a statutory authority, there is a duty cast upon it 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 the invocation of extraordinary powers under Article 226. Accordingly, the Court directed the respondents to consider the petitioner's representation dated 20.01.2025 on its own merits and pass appropriate orders in accordance with law within a period of 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 and that it was open to the respondents to consider the representation on its own merits. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty to Consider Representation - Article 226 of the Constitution of India - The petitioner sought a mandamus to direct respondents to consider his representation for construction of bridges. 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 consideration within three months without expressing views on merits. (Paras 4-5)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation dated 20.01.2025 regarding construction of bridges.
Final Decision
The Court directed the respondents to consider the petitioner's representation dated 20.01.2025 on its own merits and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this 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.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Article 226 power to direct consideration
