M.Raaj Kumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Raaj Kumar ... Petitioner Vs.
1.The District Collector, District Collectorate Campus, Virudhunagar District.
2.The District Revenue Officer, District Collectorate Campus, Virudhunagar District.
3.The Superintendent of Police, District Collectorate Campus, Virudhunagar District.
4.The Revenue Division Officer, Virudhunagar Sub Division, Virudhunagar District.
5.The Taluk Tahsildar, Virudhunagar Taluk, Virudhunagar District.
6.The District Fire Officer, Virudhunagar District.
7. Maheshwaran ... Respondents 1/5
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 6 to take necessary action against the 7th respondent for illegal constructions of Fire Crackers Shop in S.No. 336A/IAIAIA, at Maruthi Nagar, Amabathur Village, Virudhunagar Taluk, Virudhunagar District, by considering the petitioner's representation dated 03.01.2025 within a time stipulated by this Court.
For Petitioner : Mr.S.M.Ramasiva For R-1, R-2 & : Mr.S.Kameswaran, R-4 to R-6 Government Advocate For R-3 : Mr.K.Gnanasekaran, Government Advocate, (Criminal side) *****
ORDER
By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
2.Considering the limited scope of the relief sought for by the petitioner herein, notice to the 7th respondent is dispensed with. 3.This writ petition is filed seeking to direct the respondents 1 to 6 to take necessary action against the 7th respondent for illegal construction of 2/5
Fire Crackers Shop in S.No. 336A/IAIAIA, at Maruthi Nagar, Amabathur Village, Virudhunagar Taluk, Virudhunagar District, by considering the petitioner's representation dated 03.01.2025 within a time stipulated by this Court.
4.Heard the learned counsels on either sides and carefully perused the materials available on record.
5.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 the respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
6.Without going into the merits of this case, this Court hereby direct the respondents 1 to 6 to consider the petitioner's representation dated 03.01.2025 and pass appropriate orders in accordance with law after giving 3/5
an opportunity of hearing to the petitioner as well as the 7th respondent. The entire exercise shall be completed within a period four (4) weeks from the date of receipt of a copy of this order.
7.With the above directions, this writ petition is disposed of. No costs. 27.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The District Collector, District Collectorate Campus, Virudhunagar District.
2.The District Revenue Officer, District Collectorate Campus, Virudhunagar District.
3.The Superintendent of Police, District Collectorate Campus, Virudhunagar District.
4.The Revenue Division Officer, Virudhunagar Sub Division, Virudhunagar District.
5.The Taluk Tahsildar, Virudhunagar Taluk, Virudhunagar District.
6.The District Fire Officer, Virudhunagar District.
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L.VICTORIA GOWRI, J.
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