S. Mahalingam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.961 of 2025 S.Mahalingam : Petitioner Vs.

1.The District Collector, Virudhunagar District, 2.The Divisional Engineer, State Highways (Construction and Maintenance), Virudhunagar Division, 3.The Assistant Divisional Engineer, State Highways (Construction and Maintenance), Virudhunagar Division, 1/6

4.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

: 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 unauthorized Kottaiyur - V.Sundaralingapuram Road laid in the petitioner's agriculture patta lands situated in S.Nos.46/7B, 46/7C and 46/7B2 in Kottaiyur Village, Virudhunagar Taluk, Virudhunagar District and consequently directing the respondents to award monetary compensation of Rs.5 Lakhs to the petitioner for the loss and damages caused to his agricultural fields and standing crops. For Petitioner : Mr.D.Gurusamy For Respondents : Mr.S.Shaji Bino Special 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. 2/6

2.This writ petition has been filed for a Mandamus to direct the respondents to remove the unauthorized Kottaiyur - V.Sundaralingapuram Road laid in the petitioner's agriculture patta lands situated in S.Nos.46/7B, 46/7C and 46/7B2 in Kottaiyur Village, Virudhunagar Taluk, Virudhunagar District and for a consequential direction to the respondents to award monetary compensation of Rs.5 Lakhs to the petitioner for the loss and damages caused to his agricultural fields and standing crops.

3.The petitioner herein had given representation to the respondents on 28.11.2024, 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 28.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein as well as all other persons, who may be interested in the subject property, 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. Consequently, the connected miscellaneous petition is closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 21.01.2025 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, Virudhunagar District, 2.The Divisional Engineer, State Highways (Construction and Maintenance), Virudhunagar Division, 3.The Assistant Divisional Engineer, State Highways (Construction and Maintenance), Virudhunagar Division, 4.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 21.01.2025 6/6