Case Note & Summary
The petitioner, P. Natarajan, 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 respondents—the District Collector, Madurai District; the Commissioner, Madurai Corporation; the Superintending Engineer, Highways Department; and the Superintending Engineer, Public Welfare Department—to construct bridges in Kondamari Odai near Visthara enclave in the existing place and in Vaigai river connecting Paravai Vegetable market and Melakal Road. The petitioner had submitted a representation dated 20.12.2024 to the respondents regarding this matter, but it was not considered, leading to 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 it to consider the same on its own merits and pass appropriate orders, instead of keeping it pending indefinitely. Non-consideration amounts to dereliction of duty, justifying the invocation of extraordinary powers under Article 226. Accordingly, the Court directed the respondents to consider the petitioner's representation dated 20.12.2024 on its own merits 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 Court clarified that it had not expressed any views on the merits of the matter and that it was open to the respondents to consider the representation on its own merits. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Article 226 of the Constitution of India - Duty of Statutory Authority - The petitioner sought a direction to consider his representation for construction of bridges. The Court held that whenever a representation is made to a statutory authority, there is a duty to consider it on its own merits and pass appropriate orders, and non-consideration amounts to dereliction of duty. The Court directed the respondents to consider the representation within three months. (Paras 4-5)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation dated 20.12.2024 seeking construction of bridges in Kondamari Odai and Vaigai river.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 20.12.2024 on its own merits and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. No order as to costs.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus maintainable for consideration of representation
