Case Note & Summary
The petitioner, P. Sivakumar, 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 official respondents (District Collector, Revenue Divisional Officer, Tahsildar, Block Development Officer, and Village Panchayat Secretary) to remove all encroachments in Survey No.159/1 at Thennampatti Village, Kayathar Taluk, Thoothukudi District. The petitioner had previously submitted a representation to the official respondents on 14.09.2023 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 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 the official respondents to consider the petitioner's representation dated 14.09.2023, after giving due opportunity to the petitioner, private respondents (Velraj and Ramadas), 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 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 - The petitioner sought a mandamus to direct official respondents to remove encroachments in Survey No.159/1. The court held that non-consideration of a representation by a statutory authority amounts to dereliction of duty, and the court is justified in directing consideration within a stipulated time. (Paras 5-6)
Issue of Consideration
Whether the court should direct the official respondents to consider the petitioner's representation regarding removal of encroachments on public land.
Final Decision
The court directed the official respondents to consider the petitioner's representation dated 14.09.2023 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, respondents 6 & 7, and all other 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
- Mandamus for non-consideration of representation
- Dereliction of duty by statutory authority
