Case Note & Summary
The petitioner, Karikalan, 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 respondents 1 to 5 (District Collector, District Revenue Officer, Revenue Divisional Officer, Tahsildar, and Block Development Officer) to remove encroachment allegedly made by respondents 6 to 8 (Mani Gounder, Vel Gounder, and Murugan) on Survey No.387/1 at Kallanguthu, Thirumanickampatti Village, Kulithalai Taluk, Karur District. The petitioner claimed that the land was government poramboke land as per information received from the fifth respondent through the RTI Act, and that the encroachment blocked the pathway to a Micro Compost Centre. The petitioner had given a representation to the official respondents on 18.12.2024, 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 cast upon it to consider the same on its own merits and pass appropriate orders, and non-consideration amounts to dereliction of duty. The court directed respondents 1 to 5 to consider the petitioner's representation dated 18.12.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the private respondents, within a stipulated time. Notice to the private respondents was dispensed with as the court was directing the official respondents to consider the representation after giving them an opportunity.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - Article 226 of Constitution of India - The petitioner sought a direction to remove encroachment on government poramboke land. 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, and non-consideration amounts to dereliction of duty. The court directed the respondents to consider the petitioner's representation dated 18.12.2024 within a stipulated time after hearing the private respondents. (Paras 5-6)
Issue of Consideration
Whether the writ petition for a Mandamus to direct removal of encroachment on government poramboke land should be entertained and relief granted.
Final Decision
The court directed respondents 1 to 5 to consider the petitioner's representation dated 18.12.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the private respondents, within a stipulated time. Notice to private respondents was dispensed with.
Law Points
- Duty of statutory authority to consider representation
- Mandamus
- Article 226 of Constitution of India
