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 to remove encroachments (shops) made in Survey No.314 situated at Vembur Village, Gujiliamparai Taluk, Dindigul District. The petitioner had given a representation to the official respondents on 19.12.2024 for removal of the alleged encroachments, but the representation 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 him to consider the same on its own merits and pass appropriate orders in one way or another, instead of keeping it pending indefinitely. Non-consideration of the representation by the statutory authority would amount to dereliction of duty, and hence the court would be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time. Accordingly, 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 as well as all other persons who may be interested in the subject property, within a period of three months from the date of receipt of a copy of the order. The court clarified that it had not expressed any views with regard to the merits of the matter and that it was open to the concerned respondents to consider the same on its own merits. The writ petition was disposed of with no order as to costs.
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 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, justifying invocation of extraordinary powers under Article 226. (Paras 4-5) B) Property Law - Encroachment - Removal of Shops - Representation dated 19.12.2024 - The petitioner sought removal of alleged encroachments (shops) in Survey No.314, Vembur Village. The court directed the respondents to consider the representation and pass orders within three months, without expressing any view on merits. (Paras 2-5)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation regarding removal of encroachments and pass appropriate orders within a stipulated 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 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
- Writ of Mandamus lies under Article 226 for non-consideration
