Case Note & Summary
The petitioner, C. Perumal, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the third respondent, the Executive Officer of the Town Panchayat, to provide drainage channels and lay paver blocks in all streets of Ward No.18, Amman Nagar, Kondamanayakkanpatti, Aundipatti Taluk, Theni District. The petitioner had submitted representations dated 04.11.2024, 25.11.2024, and 26.12.2024 to the respondents, but these were not considered. The court observed that when a representation is made to a statutory authority, there is a duty to consider it on its own merits and pass appropriate orders; keeping it pending indefinitely amounts to dereliction of duty. Therefore, the court directed the third respondent to consider the petitioner's representations within three months, after giving due opportunity to the petitioner and other interested persons. 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 to Consider Representation - Article 226 of the Constitution of India - The petitioner sought a direction to the third respondent to consider representations for providing drainage and paver blocks. The Court held 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, justifying invocation of Article 226. (Paras 4-5)
Issue of Consideration
Whether the third respondent is obligated to consider the petitioner's representations for providing drainage channel and laying paver blocks in Ward No.18.
Final Decision
The court directed the third respondent to consider the petitioner's representations dated 04.11.2024, 25.11.2024, and 26.12.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and 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
- Non-consideration amounts to dereliction of duty
- Article 226 of Constitution of India
