Case Note & Summary
The petitioner, Vinoth Venugopal, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the second respondent, the Divisional Engineer (C&M), Highways, Dindigul Division, to remove thatched shops, an Aavin milk booth, and other alleged encroachments situated on Dindigul-Karur Road. The petitioner relied on an RTI application dated 18.05.2024 and the second respondent's reply dated 14.06.2024. However, the court noted that the petitioner had not submitted any representation to the respondents regarding the removal of encroachments. Consequently, the court directed the petitioner to give a fresh representation within one week from the date of receipt of the order. The court further observed that statutory authorities have a duty to consider such representations on their merits and pass appropriate orders without undue delay; failure to do so amounts to dereliction of duty, justifying the court's intervention under Article 226. Accordingly, the court directed the second respondent to consider the petitioner's representation, after giving due opportunity to the petitioner and all interested persons, and pass orders in accordance with law within three months. 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 - Representation to Statutory Authority - Duty to Consider - 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, failing which amounts to dereliction of duty. The court directed the petitioner to file a fresh representation and the respondent to consider it within three months. (Paras 3-5)
Issue of Consideration
Whether the court can direct the respondent to consider the petitioner's representation for removal of encroachments when no prior representation was made.
Final Decision
The writ petition is disposed of with a direction to the petitioner to file a fresh representation within one week, and to the second respondent to consider it and pass orders within three months, after hearing all interested parties. 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 within stipulated time
