Case Note & Summary
The petitioner, Senthilkumar, filed a writ petition under Article 226 of the Constitution of India seeking a Mandamus to direct respondents 2 to 6 (the District Collector, Assistant Director of Geology and Mining, Revenue Divisional Officer, Tahsildar, and the State Level Environmental Impact Assessment Authority) to take action against respondents 7 and 8 (Mani and Rengaraj) for allegedly conducting illegal rough stone quarrying in Survey No.492/2, Vellanur Village, Kulathur Taluk, Pudukottai District. The petitioner had made a representation to the official respondents on 28.06.2024, but it was not considered, prompting the filing of the writ petition. The court observed that when a representation is made to a statutory authority, there is a duty to consider it on its merits and pass appropriate orders; non-consideration amounts to dereliction of duty. Accordingly, the court directed respondents 2 to 6 to consider the petitioner's representation dated 28.06.2024, after giving due opportunity to the petitioner, respondents 7 and 8, and all other interested persons, and pass 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, and the connected miscellaneous petition was closed.
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; non-consideration amounts to dereliction of duty, justifying invocation of extraordinary powers under Article 226 to direct consideration within a stipulated time (Paras 5-6).
Issue of Consideration
Whether the respondents 2 to 6 should be directed to consider the petitioner's representation regarding illegal rough stone quarrying.
Final Decision
The court directed respondents 2 to 6 to consider the petitioner's representation dated 28.06.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, respondents 7 and 8, and all other interested persons, 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 on the merits of the matter. The writ petition was disposed of with no order as to costs, and the connected miscellaneous petition was closed.
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) 293
W.P.(MD)No.199 of 2025 and W.M.P.(MD)No.173 of 2025
M.S.Ramesh, A.D.Maria Clete
For Petitioner: Mr.R.Balakrishnan; For Respondents 1 to 3, 5&6: Mr.P.Thilak Kumar, Government Pleader; For Respondent No.4: Mr.N.Dilip Kumar, Standing Counsel
1. The State of Tamil Nadu, Represented by the Principal Secretary to Government, Department of Geology and Mining, Fort St. George, Chennai; 2. The District Collector, Pudukkottai District; 3. The Assistant Director of Geology and Mining, Pudukkottai, Pudukkottai District; 4. The Chairman, State Level Environmental Impact Assessment Authority, Panagal Maligai, Saidapet, Chennai; 5. The Revenue Divisional Officer, Pudukottai, Pudukottai District; 6. The Tahsildar, Kulathur, Pudukottai District; 7. Mani; 8. Rengaraj
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a Mandamus to direct authorities to take action against illegal rough stone quarrying.
Remedy Sought
Petitioner sought a direction to respondents 2 to 6 to take action against respondents 7 and 8 for illegally conducting rough stone quarry in Sy.No.492/2, Vellanur Village, Kulathur Taluk, Pudukottai District, by considering his representation dated 11.12.2023.
Filing Reason
The petitioner's representation dated 28.06.2024 to the official respondents regarding illegal quarrying was not considered.
Issues
Whether the respondents 2 to 6 should be directed to consider the petitioner's representation regarding illegal rough stone quarrying.
Submissions/Arguments
Petitioner submitted that he had given a representation to the official respondents on 28.06.2024, which was not considered.
Respondents consented to the disposal of the writ petition at the admission stage.
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 would amount 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
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
The petitioner filed a writ petition under Article 226 of the Constitution of India on an unspecified date. The court, by consent of both sides, took up the writ petition for final disposal at the stage of admission itself. The court dispensed with notice to private respondents as it was directing the official respondents to consider the representation after giving due opportunity to them. The court disposed of the writ petition on 07.01.2025 with directions.
Acts & Sections
- Constitution of India: Article 226
