Case Note & Summary
The petitioner, P. Maheswari, filed a writ petition under Article 226 of the Constitution of India seeking a Mandamus to direct the respondents, including the Commissioner of Madurai Corporation and other revenue officials, to remove encroachments on a public pathway classified as Government Poromboke Road in Town Survey No.28, Block No.5, Ward No.24 of Arapalayam Village, Madurai West Taluk. The petitioner had submitted a representation dated 18.04.2024 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 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 court's intervention under Article 226. The court directed the first respondent to consider the petitioner's representation dated 18.04.2024 on its own merits, after giving due opportunity to the petitioner and all 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.
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 merits and pass appropriate orders, failing which amounts to dereliction of duty. The court directed the first respondent to consider the petitioner's representation within three months. (Paras 4-5)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation regarding removal of encroachments on a public pathway.
Final Decision
The court directed the first respondent to consider the petitioner's representation dated 18.04.2024 on its own merits, after giving due opportunity to the petitioner and all interested persons, and pass appropriate orders in accordance with law within 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.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus under Article 226
