Andiyappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM:

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

1.The District Collector, Karur.

2.The Tasildhar, Kulithalai, 3.The Revenue Divisional Officer, 4.The Block Development Officer (Panchayats), Thogaimalai Panchayat Union, Thogaimalai, 1/6

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to remove the encroachment as per the proceedings of the third respondent in Na.KA.A3/11/2023 dated 02/06/2023 on the public pathway running from Keelaveliyur, Mariamman Thirukovil South to Thirumalai Nagar in Kalladai Village in S.F.No.807, Kulithalai Taluk, Karur District. For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.P.Thilak Kumar 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 respondents to remove the encroachment as per the proceedings of the 2/6

third respondent in Na.KA.A3/11/2023 dated 02/06/2023 on the public pathway running from Keelaveliyur, Mariamman Thirukovil South to Thirumalai Nagar in Kalladai Village in S.F.No.807, Kulithalai Taluk, 3.The petitioner herein had given a representation to the respondents on 31.01.2024, in this regard. Since the said representation was not considered, the present writ petition has been filed. 4.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

5.In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representation dated 31.01.2024, on its own merits and pass appropriate orders in accordance with law, 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.

6.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.] 09.01.2025 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, Karur.

2.The Tasildhar, Kulithalai, 3.The Revenue Divisional Officer, 4.The Block Development Officer (Panchayats), Thogaimalai Panchayat Union, Thogaimalai, 5/6

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 09.01.2025 6/6