Case Note & Summary
The petitioner, R. Premkumar, filed a writ petition under Article 226 of the Constitution of India seeking a Mandamus to direct the respondents, including the District Collector, Tahsildar, Block Development Officer, and Special Officer of Vilathur Village Panchayat, to remove encroachments in Muthumariamman Kovil Street, Muthuramalingapuram Village, Vilathur Panchayat, Paramakudi Taluk, Ramanathapuram District. The petitioner also sought to restrain respondents 3 and 4 from laying a road without removing encroachments and to construct a drainage channel and proper road. The petitioner had submitted a representation dated 26.12.2024 to the official respondents, which remained unconsidered. The court observed that when a representation is made to a statutory authority, there is a duty to consider it on its merits; non-consideration amounts to dereliction of duty. The court directed the respondents to consider the representation within three months after giving opportunity to the petitioner and interested persons, without expressing any view on merits. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - Article 226 of the Constitution of India - Whenever a representation is made to a statutory authority, there is a duty to consider it on its own 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 respondents are obligated to consider the petitioner's representation regarding removal of encroachments and road construction.
Final Decision
The court directed the respondents to consider the petitioner's representation dated 26.12.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all interested persons, within three months from 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
- Article 226 of Constitution of India
- Mandamus
Case Details
2025 LawText (MAD) (01) 382
W.P.(MD)No.768 of 2025 and W.M.P.(MD)No.496 of 2025
M.S.RAMESH, A.D.MARIA CLETE
Mr.S.Karthick Ramkumar (for petitioner), Mr.J.Ashok, Additional Government Pleader (for respondents)
1.The District Collector / Monitoring Committee, Ramanathapuram District, Ramanathapuram. 2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District. 3.The Block Development Officer, Paramakudi Block, Paramakudi, Ramanathapuram District. 4.The Special Officer / President, Vilathur Village Panchayat, Paramakudi Taluk, Ramanathapuram District.
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Nature of Litigation
Writ petition under Article 226 seeking Mandamus to direct removal of encroachments and construction of road and drainage.
Remedy Sought
Direction to respondents to remove encroachments, forbear from laying road without removal, and construct drainage and road.
Filing Reason
Non-consideration of representation dated 26.12.2024 regarding encroachments.
Issues
Whether the respondents are obligated to consider the petitioner's representation regarding removal of encroachments and road construction.
Submissions/Arguments
Petitioner submitted representation dated 26.12.2024 which was not considered.
Respondents did not file counter; matter disposed at admission stage.
Ratio Decidendi
A statutory authority has a duty to consider a representation made to it on its own merits and pass appropriate orders; non-consideration amounts to dereliction of duty, justifying a writ of mandamus under Article 226.
Judgment Excerpts
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
Writ petition filed under Article 226; taken up for final disposal at admission stage by consent of both sides.
Acts & Sections
- Constitution of India: Article 226
