Case Note & Summary
The petitioner, Muthammal, 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 Revenue Divisional Officer, Tahsildar, and Panchayat Union Commissioner (respondents 1 to 3) to remove an encroachment allegedly made by the fourth respondent, Periyashanmugaiah, on a public street situated in Survey No.107/63 at Sindhuvampatti village, Sattur Taluk, Virudhunagar District. The petitioner had submitted a representation dated 19.12.2024 to the official respondents regarding the encroachment, but it was not considered, prompting the filing of the writ petition. The court observed 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 another, instead of keeping it pending indefinitely. Non-consideration of the representation amounts to dereliction of duty, and thus the court is justified in invoking its extraordinary powers under Article 226 to direct consideration within a stipulated time. Accordingly, the court directed respondents 1 to 3 to consider the petitioner's representation dated 19.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the private respondent, within a period of eight weeks from the date of receipt of a copy of the order. Notice to the private respondent was dispensed with as the court was directing the official respondents to consider the representation after giving due opportunity to the private respondent.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Article 226 of Constitution of India - 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; non-consideration amounts to dereliction of duty, justifying invocation of extraordinary powers under Article 226. (Paras 5-6)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation regarding removal of encroachment on a public street.
Final Decision
The court directed respondents 1 to 3 to consider the petitioner's representation dated 19.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the private respondent, within a period of eight weeks from the date of receipt of a copy of the order.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus under Article 226 of Constitution of India
