Case Note & Summary
The petitioner, S. Rajendran, 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 forbear the respondents from shifting or establishing TASMAC shop No. 3392 from Koombur Village to Nagulupatti Pirivu, Nagulupatti Village, Gujiliamparai Taluk, Dindigul District. The petitioner had made a representation to the respondents on 13.12.2024 regarding this issue, 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 respondents to consider the petitioner's representation dated 13.12.2024 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 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 - The petitioner made a representation to the respondents against shifting of a TASMAC shop. The court held that whenever a representation is made to a statutory authority, there is a duty to consider it on its own merits and pass appropriate orders, and non-consideration amounts to dereliction of duty. The court directed the respondents to consider the representation within three months. (Paras 4-5)
Issue of Consideration
Whether the respondents are obliged to consider the petitioner's representation against shifting of a TASMAC shop.
Final Decision
The court directed the respondents to consider the petitioner's representation dated 13.12.2024 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 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
