Case Note & Summary
The petitioner, V.S.T. Amanullah, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents (Commissioner, Assistant Commissioner, and Executive Engineer of Tirunelveli Corporation) to take action against the unauthorized construction of a commercial building by the fourth respondent, K.S. Shahul Hameed, in T.S.No.92, Old S.No.25 in Old Ward No.29, New Ward No.50, Melapalayam Village, Tirunelveli District. The petitioner had given a representation to the official respondents on 27.06.2022 to remove the encroachment, but the representation was not considered. The court observed that whenever a representation 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; non-consideration amounts to dereliction of duty. Since considerable time had lapsed, the court granted liberty to the petitioner to give a fresh representation, and directed the concerned respondent to consider it on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the fourth respondent, within a period of eight weeks from the date of receipt of the fresh representation. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Non-consideration of representation - The petitioner made a representation to the official respondents regarding unauthorized 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; non-consideration amounts to dereliction of duty. The court directed the petitioner to give a fresh representation and the respondent to consider it within a stipulated time. (Paras 3-4)
Issue of Consideration
Whether the non-consideration of a representation by a statutory authority warrants a direction under Article 226 of the Constitution of India.
Final Decision
The writ petition is disposed of. The petitioner is granted liberty to give a fresh representation to the concerned respondents. On receipt of such representation, the concerned respondent is directed to consider the same on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the fourth respondent, within a period of eight weeks from the date of receipt of the fresh representation.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus under Article 226
