N. Balasubramanian v. The District Collectorcum Monitoring Committee
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 N. Balasubramanian ... Petitioner v.
1. The District Collectorcum Monitoring Committee, Trichy..
2. The Revenue Divisional Officer, Musiri, Trichy District..
3. The Tahsildar, Musiri Taluk Office, Trichy District..
... Respondents 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 evict the encroachers from the land reserved for Adi Dravida Peopleby official assignment in Survey No.262 in Patta No.267 at Saerukudi Village Musiri Taluk Trichy District and restore the same to the Adi Dravida people by considering the representatio of the petitioner dated 08.07.2024.
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For Petitioner : Mr.N.Sankar Ganesh For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. The writ petition has been filed for a direction to the respondents to evict the encroachers from the land reserved for Adi Dravida People by official assignment in Survey No.262 in Patta No.267 at Saerukudi Village Musiri Taluk Trichy District and restore the same to the Adi Dravida people by considering the representation of the petitioner dated 08.07.2024.
3. In order to evict the encroachers from the aforesaid survey number, the petitioner has given a representation to the official respondents on 08.07.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this petition. 2/5
4. 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 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.
5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 08.07.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and 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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6. 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 cum Monitoring Committee, Trichy..
2. The Revenue Divisional Officer, Musiri, Trichy District..
3. The Tahsildar, Musiri Taluk Office, Trichy District..
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M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.1091 of 2025 Date : 10.01.2025 5/5