R.Ravi Ganesh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Ravi Ganesh : Petitioner Vs.

1.The District Collector, District Collector Office, Trichy.

2.The Commissioner, Trichirappalli City Corporation, Trichy.

3.Kaja Nizamudeen : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first and second respondents to demolish the offending construction, which is illegally put 1/6

up by the third respondent in plot No.31, 32 and 33 in S.No.99/1B and 99/4, New Ward No.J, New Block No.7, New T.S.No.26/4, 26/5, Plot No. 31, Saral Avenue, Uyyakondan Thirumalai Village, Zone-V (KAbbishekapuram zone), Tiruchirappalli City Corporation limit in accordance with law, within stipulated time fixed by this Court. For Petitioner : Mr.J.John For Respondent No.1 : Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed for a Mandamus to direct the first and second respondents to demolish the offending construction, which is illegally put up by the third respondent in plot No.31, 32 and 33 in S.No.99/1B and 99/4, New Ward No.J, New Block No.7, New T.S.No. 26/4, 26/5, Plot No.31, Saral Avenue, Uyyakondan Thirumalai Village, Zone-V (K-Abbishekapuram zone), Tiruchirappalli City Corporation limit in accordance with law.

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3.Since this Court is directing the respondents 1 & 2 to consider the petitioner's representations, after giving due opportunity to the private respondent herein, notice to the private respondent is hereby dispensed with.

4.The petitioner herein had given representations to the official respondents on 06.08.2024 and 17.08.2024, for removal of the alleged encroachment. Since the said representation was not considered, the present writ petition has been filed.

5.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. As such, 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. 3/6

6.In the light of the above observations, there shall be a direction to the respondents 1 & 2 to consider the petitioner's representations dated 06.08.2024 & 17.08.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the third respondent, as well as all other persons, who may be interested in the subject property, within a period of three [3] months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

[M.S.R.,J.] & [A.D.M.C.,J.] 07.01.2025 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, District Collector Office, Trichy.

2.The Commissioner, Trichirappalli City Corporation, Trichy.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 07.01.2025 6/6