Case Note & Summary
The petitioner, N.Manikandan, 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 respondents 1 to 4 (District Collector, Revenue Divisional Officer, Tahsildar, and Executive Officer of Boothapandi Town Panchayat) to remove an alleged encroachment made in Survey No.225/26 in Boothapandi Village, Thovalai Taluk, Kanyakumari District, which was classified as 'Government Poromboke Street'. The petitioner had previously given a representation dated 27.06.2023 to the official respondents for removal of the encroachment, and the third respondent had issued proceedings in Na.Ka.No.A5/2891/2023 dated 19.07.2023. However, the representation was not considered, leading to the filing of the writ petition. The court observed that whenever a representation of this nature 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 invocation of its extraordinary powers under Article 226. Accordingly, the court directed respondents 1 to 4 to consider the petitioner's representation dated 27.06.2023 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the fifth respondent (private respondent), and all other interested persons, 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. 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 Constitution of India - Representation for removal of encroachment - 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; non-consideration amounts to dereliction of duty, justifying invocation of Article 226. (Paras 5-6)
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation for removal of encroachment on government poromboke street.
Final Decision
The court directed respondents 1 to 4 to consider the petitioner's representation dated 27.06.2023 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the fifth respondent, 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.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Article 226 of Constitution of India
