L.Manimegalai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI L.Manimegalai ... Petitioner Vs.

1. The District Collector, Trichy District.

2. The Assistant Director, Town Panchayats, Trichy District.

3. The Thasildar, Srirangam Taluk, Trichy District.

4. The Block Development Officer, Andhanallur Panchayat Union, Jeeyapuram, Trichy District.

5. The President, Perugamani Village Panchayat, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take appropriate actions against the 5th respondent by considering the petitioner's 1/6

representation dated 17.11.2024 within the time limit that maybe fixed by this Court.

For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.T.Amjad Khan (R1 to R3) Government Advocate Mr.D.Gandhiraj (R4)

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 to 4 to take appropriate action against the 5th respondent by considering the petitioner's representation dated 17.11.2024 within the time limit that maybe fixed by this Court.

2. Considering the limited scope of the relief sought for in this writ petition, notice to the fifth respondent is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

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4. The petitioner has made a representation dated 17.11.2024 to the respondents 1 to 4, to take appropriate action against the 5th respondent for taking steps to establish a private cart stand in Perugamani Village Panchayat. Since the same has not been considered, this 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 the respondent 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, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

6. In view of the same, this Court hereby direct the respondents 1 to 4 to consider the petitioner's representation dated 17.11.2024 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and the fifth respondent, within a period of four weeks from the date of receipt of copy of this order. 3/6

7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

07.01.2025 NCC : Yes / No Index : Yes / No 4/6

TO:-

1. The District Collector, Trichy District.

2. The Assistant Director, Town Panchayats, Trichy District.

3. The Thasildar, Srirangam Taluk, Trichy District.

4. The Block Development Officer, Andhanallur Panchayat Union, Jeeyapuram, Trichy District.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 07.01.2025 6/6