Mp. Mangalanathan v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WP(MD). No.2226 of 2025 Mp. Mangalanathan ... Petitioner Vs

1. The District Collector / Monitoring Committee, O/o. the District Collector,

2. The District Revenue Officer, O/o. the District Revenue Officer,

3. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer,

4. The Block Development Officer, O/o. the District Development Officer, Thirupulaani 1/6

5. The Tahsildar, O/o. the Tahsildar,

6. S.M.Thiyagarajan ... Respondents PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the respondents No.1 to 5 to remove the encroachment made by the 6th respondent in Survey No. 173/2C i.e. Northeast Part of Survey No.171/4 situated at Regunathapuram, Keelarakari Taluk, Ramanathapuram District by considering the petitioner's representation dated 03.12.2024 within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.S.R.A.Ramachandran for R1 to R5 Additional 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. Since no adverse orders are going to be passed against the 6th respondent, notice to the 6th respondent is dispensed with. 2/6

3. The petitioner has filed this writ petition for a mandamus to direct the respondents Nos.1 to 5 to remove the encroachment made by the 6th respondent in Survey No. 173/2C i.e. Northeast Part of Survey No.171/4 situated at Regunathapuram, Keelarakari Taluk, Ramanathapuram District by considering the petitioner's representation dated 03.12.2024.

4. In order to take remove the encroachment alleged to have been made in the aforesaid survey number, the petitioner has given a representation to the official respondents on 03.12.2024. 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 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 3/6

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 03.12.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondent 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.

7. With the above direction, the Writ Petition stands disposed of. No costs.

[M.S.R.,J] [A.D.M.C.,J] 28.01.2025 NCC : Yes/No Index : Yes/No 4/6

RR To

1. The District Collector / Monitoring Committee, O/o. the District Collector,

2. The District Revenue Officer, O/o. the District Revenue Officer,

3. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer,

4. The Block Development Officer, O/o. the District Development Officer, Thirupulaani

5. The Tahsildar, O/o. the Tahsildar, 5/6

M.S. RAMESH , J.

AND A.D.MARIA CLETE, J.

RR

ORDER

IN WP(MD) No.2226 of 2025 Date : 28.01.2025 6/6