Case Note & Summary
The petitioner, S. Mariyappan, 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 first and second respondents, the Tahsildar of Alangulam Taluk and the Block Development Officer of Keezhappavoor Panchayat Union, to remove an alleged encroachment made by the third and fourth respondents in Survey Nos. 10/1A and 10/1B on North Sivagamipuram Main Road, Mariyamman Kovil Street, Arunaperi, Pethanadarpatti Village, Alangulam Taluk, Tenkasi District. The petitioner had given a representation to the respondents on 26.11.2024 for removal of the encroachment, but the representation was not considered, leading to the filing of the writ petition. The court observed that whenever a representation is made to a statutory authority, there is a duty cast upon him to consider the same on its merits and pass appropriate orders without indefinite delay. Non-consideration amounts to dereliction of duty, justifying the court's intervention under Article 226. The court dispensed with notice to the private respondents as it was only directing consideration of the representation. The court directed respondents 1 and 2 to consider the petitioner's representation dated 26.11.2024, after giving due opportunity to the private respondents, and pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - Article 226 of Constitution of India - The petitioner alleged encroachment by private respondents on public road and made a representation to the Tahsildar and Block Development Officer. Since the representation was not considered, the court directed the respondents to consider the same within a stipulated time after giving opportunity to the private respondents. Held that non-consideration of representation by a statutory authority amounts to dereliction of duty and court can direct consideration under Article 226 (Paras 5-6).
Issue of Consideration
Whether the respondents 1 and 2 are bound to consider the petitioner's representation regarding removal of alleged encroachment on public road.
Final Decision
The court directed respondents 1 and 2 to consider the petitioner's representation dated 26.11.2024, after giving due opportunity to the private respondents (respondents 3 and 4), and pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of this order. The writ petition was disposed of with no costs.
Law Points
- Duty of statutory authority to consider representation
- Mandamus for consideration of representation
- Article 226 of Constitution of India
