Case Note & Summary
The petitioner, N.Manikandan, 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 respondents 1 to 4 (District Collector, Revenue Divisional Officer, Tahsildar, and Executive Officer of Boothapandi Town Panchayat) to remove an alleged encroachment on land in S.No.225/26 in Boothapandi Village, Thovalai Taluk, Kanyakumari District, which was classified as 'Government Poromboke Street'. The petitioner had previously submitted a representation dated 27.06.2023 to the official respondents, but it was not considered. The court noted that when a representation is made to a statutory authority, there is a duty to consider it on its merits and pass appropriate orders; failure to do so amounts to dereliction of duty. The court directed respondents 1 to 4 to consider the petitioner's representation dated 27.06.2023, after giving due opportunity to the petitioner, the fifth respondent (private party), and all other interested persons, and pass orders in accordance with law within three months from receipt 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 directed the respondents to consider the petitioner's representation dated 27.06.2023 for removal of encroachment on government poromboke street, holding that non-consideration by a statutory authority amounts to dereliction of duty and the court can invoke its extraordinary powers under Article 226 to direct consideration within a stipulated time. (Paras 5-6)
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation regarding 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 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
