Case Note & Summary
The petitioner, R. Kamalam, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct respondents 1 to 4 (District Collector, Revenue Divisional Officer, Tahsildar, and Inspector of Police) to remove an alleged encroachment in Survey No.475/17, Maravamangalam Village, Kalayarkoil Taluk, Sivagangai District, and to lay a Thar Road on the existing mud road for agricultural use and renovate it periodically. The petitioner had submitted a representation to the respondents on 04.11.2024, but it 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 to consider it 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 directed respondents 1 to 4 to consider the petitioner's representation dated 04.11.2024, on its own merits and in accordance with law, after giving due opportunity to the petitioner, private respondents 5 and 6 (Raman and Arumugam), and all other interested persons, within 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, and the connected miscellaneous petition was closed.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - Non-consideration of representation by a statutory authority amounts to dereliction of duty, and the High Court under Article 226 of the Constitution of India can direct consideration within a stipulated time. (Paras 5-6) B) Property Law - Encroachment - Removal - The petitioner sought removal of encroachment in S.No.475/17, Maravamangalam Village, Kalayarkoil Taluk, Sivagangai District and laying of Thar Road. The Court directed the respondents to consider the representation dated 04.11.2024 after hearing all interested parties within three months. (Paras 2, 4, 6)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation regarding removal of encroachment and laying of Thar Road.
Final Decision
The Court directed respondents 1 to 4 to consider the petitioner's representation dated 04.11.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, respondents 5 & 6, and all other interested persons, within three months from the date of receipt of a copy of this order. The Court clarified no views on merits. Writ petition disposed of with no order as to costs. Connected miscellaneous petition closed.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of Mandamus under Article 226
