Case Note & Summary
The petitioner, S. Mahalingam, 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 directing the respondents (District Collector, Divisional Engineer, Assistant Divisional Engineer, and Tahsildar of Virudhunagar) to remove an unauthorized road (Kottaiyur – V. Sundaralingapuram Road) laid on his agricultural patta lands in S.Nos.46/7B, 46/7C, and 46/7B2 in Kottaiyur Village, Virudhunagar Taluk, and to award monetary compensation of Rs.5 lakhs for loss and damages to his fields and standing crops. The petitioner had given a representation to the respondents on 28.11.2024, which was not considered, leading to the filing of the writ petition. The court observed that whenever 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; non-consideration amounts to dereliction of duty. The court directed the respondents to consider the petitioner's representation dated 28.11.2024 on its own merits and pass orders in accordance with law, after giving due opportunity to the petitioner and all interested persons, within 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, and the connected miscellaneous petition was closed.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty to Consider Representation - Article 226 of the Constitution of India - Whenever a representation is made to a statutory authority, there is a duty to consider it on its own merits and pass appropriate orders; non-consideration amounts to dereliction of duty, justifying invocation of Article 226. (Paras 4-5)
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation regarding removal of unauthorized road and compensation.
Final Decision
The court directed the respondents to consider the petitioner's representation dated 28.11.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all interested persons, within three months from the date of receipt of a copy of this order. The court clarified that it has not expressed any views on the merits. The writ petition was disposed of with no order as to costs, and the connected miscellaneous petition was closed.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Article 226 of Constitution of India
