P. Maheswari v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM:

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

1.The Commissioner, 2.The District Collector, Madurai District, 3.The Revenue Divisional Officer, Madurai Division, Madurai District.

4.The Tahsildar, Madurai West Taluk, Madurai District.

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5.The Assistant Commissioner, Zone - 3, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing respondents to remove the encroachments made in the public pathway classified as Government Poromboke Road in Town Survey No.28 in Block No.5, Ward No.24 of Arapalayam Village, Madurai West Taluk, Madurai District by considering the petitioner's representation dated 18.04.2024. For Petitioner : Mr.M.Sudharani For Respondents 1 to 5 : Mr.K.K.Kannan Standing Counsel For Respondents 2,3&4 : 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 encroachments made in the public pathway classified as Government Poromboke Road in Town Survey No.28 in Block No.5, Ward No.24 of Arapalayam Village, Madurai West Taluk, Madurai District by considering the petitioner's representation dated 18.04.2024.

3.The petitioner herein had given representation to the respondents on 18.04.2024, 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 first respondent to consider the petitioner's representation dated 18.04.2024, 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.

[M.S.R.,J.] & [A.D.M.C.,J.] 23.01.2025 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The Commissioner, 2.The District Collector, Madurai District, 3.The Revenue Divisional Officer, Madurai Division, Madurai District.

4.The Tahsildar, Madurai West Taluk, Madurai District.

5.The Assistant Commissioner, Zone - 3, 5/6

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 23.01.2025 6/6