Case Note & Summary
The petitioner, Selvam, 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 District Collector, Revenue Divisional Officer, and Tahsildar (respondents 1 to 3) to remove encroachments on a village public pathway. The encroachments were allegedly caused by illegal construction of houses by private respondents 6 to 9 on Survey No.231/1 at Vadakku Street, Pogalur Village, Paramakudi Taluk, Ramanathapuram District. The petitioner had submitted a representation to the official respondents on 07.08.2024, but it was not considered, leading to the filing of the writ petition. The court observed that when 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. Accordingly, the court directed respondents 1 to 3 to consider the petitioner's representation dated 07.08.2024, after giving due opportunity to the petitioner, private respondents 6 to 9, and all other interested persons, and pass orders in accordance with law within three months from 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) 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 merits and pass orders; non-consideration amounts to dereliction of duty, justifying invocation of Article 226 to direct consideration within a stipulated time (Paras 5-6).
Issue of Consideration
Whether the court should direct the respondents to consider the petitioner's representation regarding removal of encroachment on a public pathway.
Final Decision
The court directed respondents 1 to 3 to consider the petitioner's representation dated 07.08.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, respondents 6 to 9, 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
Case Details
2025 LawText (MAD) (01) 390
M.S.RAMESH, A.D.MARIA CLETE
For Petitioner: Mr.P.Ranjith Kumar, For Respondents 1 to 5: Mr.P.Thilak Kumar, Government Pleader
1.The District Collector / Monitoring Committee, Ramanathapuram District, Ramanathapuram. 2.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District. 3.The Tahsildar, Taluk Office, Paramakudi Taluk, Ramanathapuram District. 4.The District Registrar, District Registrar Office, Ramanathapuram District. 5.The Sub Registrar, Sub Registrar Office, Pogalur, Ramanathapuram District. 6.K.Balakrishnan 7.Sundar Rajan 8.Selvi 9.Arumugam
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct removal of encroachment on a village public pathway.
Remedy Sought
Petitioner sought a direction to respondents 1 to 3 to remove encroachment by illegal construction of houses by respondents 6 to 9 on Survey No.231/1 at Vadakku Street, Pogalur Village, Paramakudi Taluk, Ramanathapuram District.
Filing Reason
Petitioner's representation dated 07.08.2024 to the official respondents regarding the encroachment was not considered.
Issues
Whether the court should direct the respondents to consider the petitioner's representation regarding removal of encroachment on a public pathway.
Submissions/Arguments
Petitioner argued that the representation was not considered by the official respondents.
Respondents 1 to 5 were represented by Government Pleader; no specific arguments recorded.
Ratio Decidendi
Whenever a representation 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; non-consideration amounts to dereliction of duty, justifying invocation of Article 226 of the Constitution of India to direct consideration within a stipulated time.
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 a representation on 07.08.2024 to official respondents; representation not considered; writ petition filed on an unspecified date; taken up for final disposal at admission stage by consent.
Acts & Sections
- Constitution of India: Article 226
