V. Balamurugan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE V. Balamurugan ... Petitioner v.
1. The District Collector, Virudhunagar District..
2. The Revenue Divisional Officer, Virudhunagar District..
3. The Tashildhar, Virudhunagar District..
4. The State Highway of Authority of Tamil Nadu Virudhunagar District..
5. Ponnuchami
6. Pandiyammal
7. Indira
8. Neerathilingam
9. Ajithkumar 1/6
10. Murugan
11. Karruppasamy
12. Subramaniyan
13. Thangamani ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 4 to remove the encroachment made by the 5th to 13th respondents in respect of Survey No.40 and 251 and on RR Nagar to Kottur Main Road situated at Kottur Main Road, Kottur Village, Virudhunagar Taluk, Virudhunagar District on the basis of the petitioners representation dated 25.07.2024.
For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.J.Ashok for R1 to R4 Addl. Government Pleader
ORDER
(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. 2/6
2. Since no adverse orders are going to be passed against the respondent Nos.5 to 13, notice to the respondents 5 to 13 is dispensed with.
3. The writ petition has been filed for a direction to the respondents 1 to 4 to remove the encroachment made by the 5th to 13th respondents in respect of Survey No.40 and 251 and on RR Nagar to Kottur Main Road situated at Kottur Main Road, Kottur Village, Virudhunagar Taluk, Virudhunagar District on the basis of the petitioner's representation dated 25.07.2024.
4. In order to remove the alleged encroachment said to have been made in the aforesaid survey number, the petitioner has given a representation to the official respondents on 25.07.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.
5. It is needless to point out that whenever a representation of this nature is made to Statutory Authorities, there is a duty cast upon them to 3/6
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.
6. In the light of the above observations, there shall be a direction to the concerned respondent to consider the petitioner's representation dated 25.07.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the respondents 5 to 13 as well as all other persons, who may be interested in the subject matter, within a period of three 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.
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7. With the above direction, the Writ Petition stands disposed of. No costs.
[M.S.R.,J] [A.D.M.C.,J] 10.01.2025 RR To
1. The District Collector, Virudhunagar District..
2. The Revenue Divisional Officer, Virudhunagar District..
3. The Tashildhar, Virudhunagar District..
4. The State Highway of Authority of Tamil Nadu Virudhunagar District..
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M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.901 of 2025 Date : 10.01.2025 6/6