S. Issac Newton v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.Issac Newton : Petitioner Vs.
1.The Principal Secretary, Commission of Land Administration, Chepauk, Chennai - 600 005.
2.The District Collector cum Chairperson, High Level Monitoring Committee, Tuticorin District, Tuticorin.
3.The Sub Collector, Tiruchendur Taluk, Tuticorin District.
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4.The Tahsildar, Tiruchendur Taluk, Tuticorin District.
5.The Block Development Officer, Paramankurichi village, Udangudi Block, Tiruchendur Taluk, Tuticorin District.
6.A.Dharmalingam : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent in the Government land in survey numbers 672/2A1 and 672/1B in Paramankurichi Village, Tiruchendur Taluk, Thoothukudi District. For Petitioner : Mr.R.J.Karthick For Respondents 1 to 4 : Mr.S.R.A.Ramachandran Additional Government Pleader For Respondent No.5 : Mr.J.Ashok Additional Government Pleader 2/7
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 the respondents 1 to 5 to remove the encroachment made by the 6th respondent in the Government land in survey numbers 672/2A1 and 672/1B in Paramankurichi Village, Tiruchendur Taluk, Thoothukudi District.
3.Since this Court is directing the respondents 1 to 5 to consider the petitioner's representation, after giving due opportunity to the private respondent herein, notice to the private respondent is hereby dispensed with.
4.The petitioner herein had given representation to the official respondents on 07.02.2024, for removal of the alleged encroachment. Since the said representation was not considered, the present writ petition has been filed.
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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 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. 6.In the light of the above observations, there shall be a direction to the respondents 1 to 5 to consider the petitioner's representation dated 07.02.
2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the sixth respondent, 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.
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7.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.] 27.01.2025 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The Principal Secretary, Commission of Land Administration, Chepauk, Chennai - 600 005.
2.The District Collector cum Chairperson, High Level Monitoring Committee, Tuticorin District, Tuticorin.
3.The Sub Collector, Tiruchendur Taluk, Tuticorin District.
4.The Tahsildar, Tiruchendur Taluk, Tuticorin District.
5.The Block Development Officer, Paramankurichi village, Udangudi Block, Tiruchendur Taluk, Tuticorin District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 27.01.2025 7/7