Case Note & Summary
The petitioner, S. Lakshmanan, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to forbear respondents 1 to 4 (Director of Town & Country Planning, Deputy Director of Town, Block Development Officer, and Panchayat President) from allowing construction by respondents 5 and 6 (Rajendran and Sakthivel) without proper approval on the petitioner's forefather's property in S.No.29/1 and 29/2, Thirumohoor Village, Madurai East, Madurai District, under the Tamil Nadu Town and Country Planning Act, 1971. The petitioner had given a representation to the official respondents on 18.12.2024, 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 merits and pass appropriate orders, and non-consideration amounts to dereliction of duty. Accordingly, the court directed respondents 1 to 4 to consider the petitioner's representation dated 18.12.2024 on its own merits and pass appropriate orders within a stipulated time, after giving due opportunity to the private respondents. Notice to private respondents was dispensed with as the court was directing consideration of the representation.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - The court held that when a representation is made to a statutory authority, there is a duty to consider it on its merits and pass orders, and non-consideration amounts to dereliction of duty, justifying invocation of Article 226 of the Constitution of India. (Paras 5-6)
Issue of Consideration
Whether the respondents 1 to 4 should be directed to consider the petitioner's representation regarding alleged unapproved construction by private respondents.
Final Decision
The court directed respondents 1 to 4 to consider the petitioner's representation dated 18.12.2024 on its own merits and pass appropriate orders within a stipulated time, after giving due opportunity to the private respondents. Notice to private respondents was dispensed with.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus maintainable for direction to consider representation
Case Details
2025 LawText (MAD) (01) 255
W.P.(MD)No.1142 of 2025 and W.M.P.(MD)No.770 of 2025
M.S.Ramesh, A.D.Maria Clete
For Petitioner: Mr.V.Manikandan, For Respondents 1 to 4: Mr.S.Shaji Bino, Special Government Pleader
1. The Director of Town & Country Planning, 2. The Deputy Director of Town, 3. The Block Development Officer, 4. The Panchayat President, 5. Rajendran, 6. Sakthivel
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus.
Remedy Sought
Petitioner sought a direction to respondents 1 to 4 to forbear from allowing construction by respondents 5 and 6 without proper approval, and to consider his representation.
Filing Reason
Non-consideration of petitioner's representation dated 18.12.2024 regarding alleged unapproved construction on his forefather's property.
Issues
Whether the respondents 1 to 4 should be directed to consider the petitioner's representation regarding alleged unapproved construction by private respondents.
Submissions/Arguments
Petitioner submitted that he gave a representation on 18.12.2024 which was not considered.
Respondents 1 to 4 were represented by Special Government Pleader but no specific arguments recorded.
Ratio Decidendi
Whenever a representation is made to a statutory authority, there is a duty cast upon it to consider the same on its merits and pass appropriate orders; non-consideration amounts to dereliction of duty, justifying invocation of Article 226 of the Constitution of India.
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 writ petition on 10.01.2025 after representation dated 18.12.2024 was not considered. The court took up the petition for final disposal at admission stage by consent of both sides.
Acts & Sections
- Constitution of India: Article 226
- Tamil Nadu Town and Country Planning Act, 1971:
