J.Sundaramoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI J.Sundaramoorthy ... Petitioner Vs.

1.The District Collector, District Collectorate Office, Tiruchirappalli District - 620 001.

2.The Revenue Divisional Officer, Revenue Divisional Office, Lalkudi Post, Tiruchirappalli District - 621 601.

3.The Thasildar, Thasildar Office, Mannachanallur Post, Tiruchirappalli District - 621 005.

4.The Executive Officer, Selection Grade Municipal Commissioner Office, Mannachanallur Post, Tiruchirappalli District - 621005.

5.The Circle Deputy Inspector, Revenue Divisional Office, Mannachanallur Post, Manachanallur Circle, Tiruchirappalli District - 621005.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to provide underground sewer connection to the petitioner's house situated in Door No.9, Ayinapuram Colony, 4th Street, Mannachanallur, Trichy District based on online application No.1404/2022-23 dated 18.08.2022 and representation dated 04.12.2024 within a time stipulated by this Court. For Petitioner : Mr.I.Velpradeep For R-1 to R-3 : Mr.S.Kameswaran, Government Advocate

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.This writ petition is filed to direct the respondents to provide underground sewer connection to the petitioner's house situated in Door No. 9, Ayinapuram Colony, 4th Street, Mannachanallur, Trichy District based on online application No.1404/2022-23 dated 18.08.2022 and representation dated 04.12.2024.

3.Heard the learned counsels on either sides and carefully perused the materials available on record.

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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 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, non-consideration 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.

5.Without going into the merits of this case, this Court hereby direct the respondents to consider the petitioner's representation dated 04.12.2024 and pass appropriate orders in accordance with law after putting notice to all the necessary parties. The entire exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

28.01.2025 NCC : Yes / No Index : Yes / No 3/5

Internet : Yes Sml To 1.The District Collector, District Collectorate Office, Tiruchirappalli District - 620 001.

2.The Revenue Divisional Officer, Revenue Divisional Office, Lalkudi Post, Tiruchirappalli District - 621 601.

3.The Thasildar, Thasildar Office, Mannachanallur Post, Tiruchirappalli District - 621 005.

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L.VICTORIA GOWRI, J.

Sml 28.01.2025 5/5