Case Note & Summary
The petitioner, Muthulakshmi, 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 (District Collector, Tahsildar, Highways Department officials, Block Development Officer, and Tamil Nadu Electricity Board officials) to remove alleged encroachments (shops) in Survey No.314 at Vembur Village, Gujiliamparai Taluk, Dindigul District. The petitioner had submitted a representation dated 19.12.2024 to the authorities, but it was not considered, prompting the petition. The court observed that whenever a representation is made to a statutory authority, there is a duty to consider it on its merits and pass appropriate orders without indefinite delay; failure to do so amounts to dereliction of duty. The court directed the respondents to consider the petitioner's representation dated 19.12.2024, after giving due opportunity to the petitioner and all interested persons, and pass orders in accordance with law within three months from 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 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 without indefinite delay; non-consideration amounts to dereliction of duty, justifying court intervention under Article 226 (Paras 4-5).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation regarding removal of encroachments and pass appropriate orders within a reasonable time.
Final Decision
The court directed the respondents to consider the petitioner's representation dated 19.12.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all interested persons, within a period of three months from the date of receipt of a copy of this 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
- Writ of Mandamus under Article 226
Case Details
2025 LawText (MAD) (01) 195
M.S.RAMESH, A.D.MARIA CLETE
For Petitioner: Mr.S.Harish, For Respondents 1 to 4: Mr.S.Shaji Bino (Special Government Pleader), For Respondent No.5: Mr.S.Deenadhayalan (Standing Counsel)
1.The District Collector / Monitoring Committee, The District Collector Office, Dindigul. 2.The Tahsildar, The Tahsildar Office, Dindigul. 3.The Assistant Divisional Engineer, Highways Department, Vedasandur Taluk, Dindigul. 4.The Block Development Officer, The Block Development Office, Gujiliamparai Taluk, Dindigul. 5.The Assistant Executive Engineer, Tamil Nadu Electricity Board Office, Kovilur Village, Dindigul. 6.The Divisional Engineer, Highways Department, Dindigul.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct respondents to remove encroachments.
Remedy Sought
Petitioner seeks direction to respondents to remove encroachment (shops) in Survey No.314 at Vembur Village, Gujiliamparai Taluk, Dindigul District by considering her representation dated 19.12.2024.
Filing Reason
Petitioner's representation dated 19.12.2024 for removal of encroachments was not considered by the respondents.
Issues
Whether the respondents are obligated to consider the petitioner's representation regarding removal of encroachments and pass appropriate orders within a reasonable time.
Submissions/Arguments
Petitioner submitted that representation dated 19.12.2024 was not considered.
Respondents did not file counter; matter disposed at admission stage by consent.
Ratio Decidendi
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 in one way or other, instead of keeping the same pending indefinitely. Non-consideration of the representation by the statutory authority amounts to dereliction of duty, and the court is justified in invoking its extraordinary powers under Article 226 of the Constitution of India to direct consideration within a stipulated time.
Judgment Excerpts
It is needless to point out 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 in one way or other, instead of keeping the same pending indefinitely.
non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.
Procedural History
Petitioner filed representation on 19.12.2024; not considered; filed W.P.(MD)No.1793 of 2025; by consent of both sides, taken up for final disposal at admission stage; disposed on 23.01.2025.
Acts & Sections
- Constitution of India: Article 226
