Case Note & Summary
The petitioner, N.G. Seenivasan, 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 third respondent (Tahsildar, Srivilliputhur) to take action against the eighth respondent (Bharathan) for alleged encroachment on a public pathway comprised in Survey No.2591, situated at Ayyampatti Naidu Street, Srivilliputhur, Virudhunagar District. The petitioner had submitted a representation to the official respondents on 21.03.2024 requesting removal of the encroachment, but the representation was not considered. The court observed that when 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, and non-consideration amounts to dereliction of duty. Accordingly, the court directed the third respondent to consider the petitioner's representation, after giving due opportunity to the private respondents, and pass appropriate orders within a stipulated time. The writ petition was disposed of with this direction.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Article 226 of the Constitution of India - 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 a writ of mandamus. (Paras 5-6)
Issue of Consideration
Whether the third respondent (Tahsildar) is obligated to consider the petitioner's representation regarding alleged encroachment on a public pathway.
Final Decision
The court directed the third respondent (Tahsildar) to consider the petitioner's representation, after giving due opportunity to the private respondents, and pass appropriate orders within a stipulated time. 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
Case Details
2025 LawText (MAD) (01) 380
M.S.RAMESH, A.D.MARIA CLETE
Mr.P.Bala Murugan (for petitioner), Mr.P.Thilak Kumar (for respondents 1 to 4)
1.The District Collector / Monitoring Committee, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.The Commissioner of Municipality, 5.The Deputy Tahsildar, 6.The Head Surveyor, 7.The Village Administrative Officer, 8.Bharathan
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Nature of Litigation
Writ petition under Article 226 seeking mandamus to direct removal of alleged encroachment on public pathway.
Remedy Sought
Petitioner seeks direction to third respondent to take action against eighth respondent for encroachment and remove the same.
Filing Reason
Petitioner's representation dated 21.03.2024 regarding encroachment was not considered by the authorities.
Issues
Whether the third respondent is obligated to consider the petitioner's representation regarding alleged encroachment.
Submissions/Arguments
Petitioner submitted representation on 21.03.2024 for removal of encroachment; not considered.
Court observed that statutory authority has duty to consider representation; non-consideration is dereliction of duty.
Ratio Decidendi
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; non-consideration amounts to dereliction of duty, justifying a writ of mandamus 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
Petitioner filed writ petition on 06.01.2025; by consent of both sides, taken up for final disposal at admission stage.
Acts & Sections
- Constitution of India: Article 226
