Case Note & Summary
The petitioner, Ravichandran, 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, Joint Director and Assistant Director of Town and Country Planning, Revenue Divisional Officer, Tahsildar, and Executive Officer of Puliyur Town Panchayat) to remove encroachments allegedly made by private respondents 7 to 18 on government poramboke land in S.F.No.1648/a, Puliyur Village, Karur Taluk, Karur District. The petitioner had submitted multiple representations to the authorities between 21.09.2022 and 14.12.2024, but they were not considered. 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 official respondents to consider the petitioner's representation dated 16.12.2024, after giving due opportunity to the private respondents, and pass orders within a stipulated period. The writ petition was disposed of without notice to the private respondents as the court was only directing consideration of the representation.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - The court directed the official respondents to consider the petitioner's representation regarding removal of alleged encroachment on government poramboke land, holding that non-consideration of a representation by a statutory authority amounts to dereliction of duty and the court can direct consideration within a stipulated time under Article 226 of the Constitution of India (Paras 5-6).
Issue of Consideration
Whether the writ petition for a Mandamus to direct the official respondents to consider the petitioner's representation regarding removal of encroachment is maintainable and should be allowed.
Final Decision
The court directed the official respondents to consider the petitioner's representation dated 16.12.2024, after giving due opportunity to the private respondents, and pass orders within a stipulated period. The writ petition was disposed of.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus maintainable for direction to consider representation
Case Details
2025 LawText (MAD) (01) 369
M.S.RAMESH, A.D.MARIA CLETE
Mr.S.Manojkumar (for petitioner), Mr.P.Thilak Kumar (for respondents 1 to 5), Mr.K.Suresh (for respondents 7 to 18)
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a Mandamus to direct official respondents to remove encroachment on government poramboke land.
Remedy Sought
Petitioner sought a direction to official respondents 1 to 6 to remove encroachment made by respondents 7 to 18 on government poramboke land in S.F.No.1648/a, Puliyur Village, Karur Taluk, Karur District, based on his representations.
Filing Reason
The petitioner's multiple representations to the authorities regarding the alleged encroachment were not considered.
Issues
Whether the writ petition for a Mandamus to direct the official respondents to consider the petitioner's representation regarding removal of encroachment is maintainable and should be allowed.
Submissions/Arguments
Petitioner submitted that he had given representations to the official respondents for removal of alleged encroachment, but they were not considered.
Official respondents and private respondents were represented by counsel; no detailed arguments recorded.
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; non-consideration amounts to dereliction of duty, and the court can direct consideration under Article 226 of the Constitution of India.
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 the writ petition on an unspecified date; by consent of both sides, it was taken up for final disposal at the stage of admission. The court dispensed with notice to private respondents as it was only directing consideration of the representation.
Acts & Sections
- Constitution of India: Article 226
