Case Note & Summary
The petitioner, Dr. M. Mohammed Ayub, 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, namely the District Collector of Tirunelveli, the Superintending Engineer of the Public Works Department, and the Assistant Director of the Ex-Service Men Welfare Office, to demolish a dilapidated building belonging to the Ex-service Men Welfare Association, Tirunelveli, situated at Javans Bhavan Building, near Market, Tiruchendur Road, Palayamkottai. The petitioner had submitted a representation dated 14.09.2024 to the first respondent requesting the demolition, but the representation was not considered, prompting the filing of the writ petition. The court observed that whenever a representation of this nature is made to a statutory authority, there is a duty cast upon the authority to consider the same on its own merits and pass appropriate orders in one way or another, instead of keeping it pending indefinitely. Non-consideration of the representation would amount to dereliction of duty, and therefore, the court would be justified in invoking its extraordinary powers under Article 226 of the Constitution of India to direct the authority to consider the representation within a stipulated time. Accordingly, the court directed the respondents to consider the petitioner's representation dated 14.09.2024 on its own merits and pass appropriate orders in accordance with law 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 and that it was open to the respondents to consider the representation on its own merits. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty to Consider Representation - Article 226 of the Constitution of India - Petitioner sought direction to respondents to consider his representation for demolition of a dilapidated building belonging to Ex-service Men Welfare Association - 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 - Court directed respondents to consider the representation within three months (Paras 4-5).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation regarding demolition of a dilapidated building.
Final Decision
The court directed the respondents to consider the petitioner's representation dated 14.09.2024 on its own merits and pass appropriate orders in accordance with law 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
- Extraordinary powers under Article 226
