Case Note & Summary
The petitioner, Vinoth Kumar, 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/Monitoring Committee (respondent 1) and the Tahsildar (respondent 2) to remove encroachments allegedly caused by private respondents 3 and 4 in Survey No.296/24, Mukkoottumalai Village, Kuruvikulam Panchayat, Kovilpatti Taluk, Tuticorin District. The petitioner had previously submitted a representation to the official respondents on 28.06.2024 regarding the encroachments, but the representation was not considered, prompting the filing of the writ 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. Non-consideration amounts to dereliction of duty, justifying the court's intervention under Article 226. The court directed respondents 1 and 2 to consider the petitioner's representation dated 28.06.2024 on its own merits, after giving due opportunity to the petitioner, private respondents 3 and 4, and all other interested persons, and to 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 - Representation - Non-consideration of representation by statutory authority amounts to dereliction of duty - Court can direct consideration within stipulated time under Article 226 of the Constitution of India - Petitioner sought direction to remove encroachments; court directed respondents 1 & 2 to consider representation dated 28.06.2024 after hearing all interested parties within three months (Paras 5-6).
Issue of Consideration
Whether the court can direct statutory authorities to consider a representation regarding removal of encroachments when the representation has not been acted upon.
Final Decision
The court directed respondents 1 and 2 to consider the petitioner's representation dated 28.06.2024 on its own merits, after giving due opportunity to the petitioner, respondents 3 & 4, 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
- Writ of Mandamus maintainable for direction to consider representation
