Case Note & Summary
The petitioner, Dravidaselvi, 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 District Collector, Tahsildar, and Revenue Divisional Officer (respondents 1 to 3) to take action on her representation dated 09.08.2023. The representation sought removal of encroachments allegedly made by respondents 4 to 9 on a public pathway in survey No.1166/27 of Pannangombu, Pannapatty East Village, Manapparai Taluk, Trichirappalli District. The petitioner had given the representation to the official respondents on 09.08.2023, but it was not considered, leading to the filing of the writ petition. 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 amounts to dereliction of duty, and the court is justified in invoking its extraordinary powers under Article 226 to direct consideration within a stipulated time. Accordingly, the court directed respondents 1 to 3 to consider the petitioner's representation dated 09.08.2023, on its own merits, after giving due opportunity to the petitioner, respondents 4 to 9, and all other interested persons, and pass appropriate orders in accordance with law 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.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Article 226 of Constitution of India - 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, and non-consideration amounts to dereliction of duty, justifying invocation of Article 226. (Paras 5-6)
Issue of Consideration
Whether the writ of mandamus can be issued to direct the official respondents to consider the petitioner's representation regarding removal of encroachments on a public pathway.
Final Decision
The court directed respondents 1 to 3 to consider the petitioner's representation dated 09.08.2023, on its own merits, after giving due opportunity to the petitioner, respondents 4 to 9, and all other interested persons, and pass appropriate orders in accordance with law within three months from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Article 226 of Constitution of India
