Muthulakshmi v. The District Collector / Monitory Committee
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 Muthulakshmi : Petitioner Vs.
1.The District Collector / Monitoring Committee, The District Collector Office, Dindigul.
2.The Tahsildar, The Tahsildar Office, Dindigul.
3.The Assistant Divisional Engineer, Highways Department, Vedasandur Taluk, Dindigul.
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4.The Block Development Officer, The Block Development Office, Gujiliamparai Taluk, Dindigul.
5.The Assistant Executive Engineer, Tamil Nadu Electricity Board Office, Kovilur Village, Dindigul.
6.The Divisional Engineer, Highways Department, Dindigul.
: 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 encroachment (shops) made in Survey No.314 situated at Vembur Village, Gujiliamparai Taluk, Dindigul District by considering the petitioner's representation dated 19.12.2024 as fixed by this Court. For Petitioner : Mr.S.Harish For Respondents 1 to 4 : Mr.S.Shaji Bino Special Government Pleader 2/7
For Respondent No.5 : Mr.S.Deenadhayalan Standing Counsel
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.This writ petition has been filed for a Mandamus to direct the respondents to remove the encroachment (shops) made in Survey No.314 situated at Vembur Village, Gujiliamparai Taluk, Dindigul District by considering the petitioner's representation dated 19.12.2024 as fixed by this Court.
3.The petitioner herein had given representation to the official respondents on 19.12.2024, for removal of the alleged encroachments. Since the said representation was not considered, the present writ petition has been filed.
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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 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. 5.In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representation dated 19.12.
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 5/7
To 1.The District Collector / Monitoring Committee, The District Collector Office, Dindigul.
2.The Tahsildar, The Tahsildar Office, Dindigul.
3.The Assistant Divisional Engineer, Highways Department, Vedasandur Taluk, Dindigul.
4.The Block Development Officer, The Block Development Office, Gujiliamparai Taluk, Dindigul.
5.The Assistant Executive Engineer, Tamil Nadu Electricity Board Office, Kovilur Village, Dindigul.
6.The Divisional Engineer, Highways Department, Dindigul.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 23.01.2025 7/7