Case Note & Summary
The petitioner, V. Asokan, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to forbear the respondents from laying a State Highway connecting Kodaikanal via Vilpatti-Kovilpatti-Pullioor-Pethupatti, which lies within the limits of an Eco-Sensitive Zone and allegedly violates guidelines issued by the Hill Area Conservation Authority. The petitioner had given a representation to the respondents on 19.09.2024, but it was not considered. 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 own merits and pass appropriate orders, instead of keeping it pending indefinitely. Non-consideration amounts to dereliction of duty, justifying the court's intervention under Article 226. Accordingly, the court directed the second respondent (the District Collector, Dindigul) to consider the petitioner's representation dated 19.09.2024 on its own merits and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with this direction.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Duty of Statutory Authority - The petitioner sought a writ to forbear the respondents from laying a State Highway in an Eco-Sensitive Zone. 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, and non-consideration amounts to dereliction of duty. The court directed the second respondent to consider the representation within a stipulated time. (Paras 4-5)
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation regarding the laying of a State Highway in an Eco-Sensitive Zone.
Final Decision
The court directed the second respondent (District Collector, Dindigul) to consider the petitioner's representation dated 19.09.2024 on its own merits and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of the order. 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 under Article 226
