Case Note & Summary
The petitioner, PR.Saraswathy, 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 Executive Engineer and Assistant Engineer of the Tamil Nadu Electricity Board in Devakottai Taluk, Sivagangai, to remove and relocate an electric pole situated in S.No.223/12 to a safer and more appropriate location. The petitioner had submitted a representation dated 12.07.2024 to the respondents, but it was not considered, prompting the filing of the writ petition. 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, instead of keeping it pending indefinitely. Non-consideration amounts to dereliction of duty, and the court is justified in invoking its extraordinary powers under Article 226 to direct consideration within a stipulated time. Accordingly, the court directed the respondents to consider the petitioner's representation dated 12.07.2024 on its own merits and pass orders in accordance with law, after giving due opportunity to the petitioner and all other interested persons, 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. The writ petition was disposed of with no order as to costs.
Headnote
A) Administrative Law - Representation to Statutory Authority - Duty to Consider - 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 merits and pass appropriate orders; non-consideration amounts to dereliction of duty, justifying court intervention under Article 226. (Paras 4-5)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation for removal and relocation of an electric pole.
Final Decision
The court directed the respondents to consider the petitioner's representation dated 12.07.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all other interested persons, within a period of three months from the date of 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
- Non-consideration amounts to dereliction of duty
- Article 226 power to direct consideration
