Case Note & Summary
The petitioner, R. Mayilsamy, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct respondents 1 to 5 (District of Municipal Administration, District Collector, Commissioner of Dindigul City Municipal Corporation, Deputy Director of Town and Country Planning, and Executive Engineer) to take action against unauthorized construction and building violations allegedly committed by the sixth respondent, Rajarajeswari Hospital, under the Tamil Nadu Town and Country Planning Act, 1971. The petitioner had submitted a representation to the official respondents on 27 May 2024, but it 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; non-consideration amounts to dereliction of duty. Accordingly, the court directed the third respondent (Commissioner, Dindigul City Municipal Corporation) to consider the petitioner's representation dated 27.05.2024 on its own merits, after giving due opportunity to the petitioner, the sixth respondent, 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.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - 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 merits and pass appropriate orders; non-consideration amounts to dereliction of duty, justifying court intervention under Article 226. (Paras 5-6)
B) Town Planning - Unauthorized Construction - Consideration of Complaint - Tamil Nadu Town and Country Planning Act, 1971 - The court directed the third respondent (Commissioner, Dindigul City Municipal Corporation) to consider the petitioner's representation dated 27.05.2024 regarding alleged unauthorized construction by the sixth respondent hospital, after giving due opportunity to all interested parties, within three months. (Paras 2, 6)
Issue of Consideration
Whether the court should direct the statutory authority to consider the petitioner's representation regarding unauthorized construction when the authority has failed to act on it.
Final Decision
The court directed the third respondent (Commissioner, Dindigul City Municipal Corporation) to consider the petitioner's representation dated 27.05.2024 on its own merits, after giving due opportunity to the petitioner, the sixth respondent, and all other interested persons, and pass appropriate orders in accordance with law within a period of 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
- Mandamus for consideration of representation
- Non-consideration as dereliction of duty
Case Details
2025 LawText (MAD) (01) 297
M.S. Ramesh, A.D. Maria Clete
For Petitioner: Mr.J.M.Arvind Pawlraj, For Respondents 1,2&4: Mr.P.Thilak Kumar (Government Pleader), For Respondents 3 & 5: Mr.J.Lawrance (Standing Counsel)
1. The District of Municipal Administration, 2. The District Collector, 3. The Commissioner, Dindigul City Municipal Corporation, 4. The Deputy Director, District Town and Country Planning Office, 5. The Executive Engineer (Planning), Dindigul City Municipal Corporation, 6. Rajarajeswari Hospital
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct authorities to take action against unauthorized construction.
Remedy Sought
Petitioner seeks a direction to respondents 1 to 5 to take action against unauthorized construction and building violations by the sixth respondent hospital under the Tamil Nadu Town and Country Planning Act, 1971, based on his representation dated 27.05.2024.
Filing Reason
The petitioner's representation dated 27.05.2024 regarding unauthorized construction by the sixth respondent was not considered by the official respondents.
Issues
Whether the court should direct the statutory authority to consider the petitioner's representation regarding unauthorized construction when the authority has failed to act on it.
Submissions/Arguments
Petitioner submitted that he gave a representation on 27.05.2024 to the official respondents regarding unauthorized construction by the sixth respondent, but it 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 them to consider the same 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
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 and disposed it on 07.01.2025.
Acts & Sections
- Tamil Nadu Town and Country Planning Act, 1971:
- Constitution of India: Article 226
