R.Sakthivel v. The District Collector / Monitoring Committee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WP(MD). No.1985 of 2025 R.Sakthivel ... Petitioner Vs
1. The District Collector / Monitoring Committee, Office of the District Collector, Madurai District..
2. The Tahsildar, Melur Taluk Office, Melur, Madurai District..
3. R.Amutha ... Respondents 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 and 2 herein to remove the encroachments put up by the 3rd respondent in the land comprised in S.No. 48/1 situated at Kottampatti Village, Melur Taluk, Madurai District classified as Government Poromboke land which is used as common pathway by considering the representation of the petitioner dated 20.12.2024 within the time stipulated by this Court.
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For Petitioner : Mr.K.Rajkumar For Respondents : Mr.S.R.A.Ramachandran for R1&R2 Addl. 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 3rd respondent, notice to the 3rd respondent is dispensed with.
3. The petitioner has filed this writ petition for a mandamus to direct the respondents 1 and 2 herein to remove the encroachments put up by the 3rd respondent in the land comprised in S.No. 48/1 situated at Kottampatti Village, Melur Taluk, Madurai District classified as Government Poromboke land, which is used as common pathway by considering the representation of the petitioner dated 20.12.2024. 2/5
4. In order to remove the encroachment made by the private respondent, the petitioner has given a representation to the official respondents on 20.12.2024. 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 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 respondents 1 and 2 to consider the petitioner's representation dated 20.12.2024 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 3/5
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.
6. With the above direction, the Writ Petition stands disposed of. No costs.
[M.S.R.,J] [A.D.M.C.,J] 24.01.2025 NCC : Yes/No Index : Yes/No RR To
1. The District Collector / Monitoring Committee, Office of the District Collector, Madurai District..
2. The Tahsildar, Melur Taluk Office, Melur, Madurai District..
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M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.1985 of 2025 Date : 24.01.2025 5/5