Case Note & Summary
The petitioner, K.S. Shahul Hameed, 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 the respondents—the Commissioner and Assistant Commissioner of Tirunelveli City Municipal Corporation—to regularize his building construction by granting permission after receiving a penalty. The property in question is located at Survey No.25, R.S.No.25/C, T.S.No.92, AR Block No.18, to an extent of 19 cents, situated at Melappalayam Village, Tirunelveli District. The petitioner had submitted a representation to the respondents on 27.11.2021, but it was not considered, leading to the filing of the writ petition. The court heard both sides and perused the materials on record. The court observed that whenever a representation of this nature is made to a statutory authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders, instead of keeping it pending indefinitely. Non-consideration of the representation would amount to dereliction of duty, and thus the court is justified in invoking its extraordinary powers under Article 226 to direct consideration within a stipulated time. Since there was a considerable lapse of time after the earlier representation, the court granted the petitioner liberty to give a fresh representation to the concerned respondents. On receipt of such a representation, the concerned respondent is directed to consider it on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and any other interested person, within a period of three months from the date of receipt of the representation. The court made it clear that it has not expressed any views on the merits of the matter and that it is open to the respondent to decide the representation on its own merits.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Non-consideration of representation amounts to dereliction of duty - Constitution of India, Article 226 - The petitioner sought regularization of building construction; 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 failure to do so justifies invoking Article 226 to direct consideration within a stipulated time (Paras 3-4).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation for regularization of building construction within a reasonable time.
Final Decision
The court directed the petitioner to give a fresh representation to the respondents, and directed the respondents to consider the same on merits and pass orders in accordance with law, after giving due opportunity, within three months from the date of receipt of the representation. The court expressed no views on merits.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus under Article 226
