Case Note & Summary
The petitioner, M.Shanmugasundaram, 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 second respondent, the Special District Revenue Officer (Land Acquisition), Palani, to consider the first respondent's order dated 31.01.2022. The petitioner was aggrieved by the acquisition of the northern side of his land in S.F.No.1229/1B1 and 1229/4 situated at Periyakallakarattupuravu Village, Palani Taluk, for a national highway project. He submitted a representation on 11.01.2022 to the authorities. In response, the first respondent (District Collector, Dindigul) vide communication dated 31.01.2022 directed the second respondent to expeditiously take appropriate action on the petitioner's representation. However, despite this communication, the second respondent did not take any action for nearly two years. The petitioner then approached the High Court. The learned counsel for the petitioner submitted that despite the lapse of two years since the first respondent's communication, the second respondent had not initiated any action, and therefore, a direction should be issued to consider and pass orders on the representation. The Court observed that the petitioner's representation had been kept pending since 11.01.2022 without any action, despite the first respondent's communication. The Court was inclined to issue a direction to the second respondent to consider and pass orders on merits and in accordance with law on the petitioner's representation dated 11.01.2022, within a period of eight weeks from the date of receipt of a copy of the order. The Writ Petition was accordingly disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Article 226 of the Constitution of India - Petitioner aggrieved by land acquisition sought consideration of representation - First respondent directed second respondent to take action but no action was taken - Court directed second respondent to consider and pass orders on the representation within eight weeks - Held that inaction despite superior's direction warrants mandamus (Paras 3-5).
Issue of Consideration
Whether the second respondent should be directed to consider the petitioner's representation regarding land acquisition as per the first respondent's communication.
Final Decision
The Writ Petition is disposed of directing the second respondent to consider and pass orders on merits and in accordance with law on the petitioner's representation dated 11.01.2022 within eight weeks from receipt of a copy of the order. No costs.
Law Points
- Writ of Mandamus
- Consideration of representation
- Land acquisition
- National Highways Authority of India
