Case Note & Summary
The petitioner, Perumal, 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 5 (District Collector, Revenue Divisional Officer, Tahsildar, Village Administrative Officer, and Inspector of Police) to remove encroachments allegedly made in a public pathway in Survey Nos. 1311/7 and 1311/10, Naranammalpuram Part-I, Tirunelveli District. The petitioner had submitted a representation dated 04.03.2024 to the official respondents requesting removal of the encroachments, but the representation was not considered, leading to the filing of the writ petition. The court observed that when 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, and non-consideration amounts to dereliction of duty. Accordingly, the court directed respondents 1 to 5 to consider the petitioner's representation dated 04.03.2024 on its own merits and pass orders in accordance with law, after giving due opportunity to the petitioner, the sixth respondent (private respondent Chelladurai), 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 - Representation - 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 merits and pass orders, and non-consideration amounts to dereliction of duty, justifying invocation of Article 226. (Paras 5-6)
Issue of Consideration
Whether the court should direct the respondents to consider the petitioner's representation regarding removal of encroachments from a public pathway.
Final Decision
The court directed respondents 1 to 5 to consider the petitioner's representation dated 04.03.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the sixth 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 power to direct consideration
