Balraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Balraj ... Petitioner Vs.

1.The District Collector, Trichy District.

2.The Tahsildhar, Thottiyam Taluk Office, Thottiyam, Trichy District.

3.The Block Development Officer, Thottiyam Taluk, Trichy District.

4.Suresh Kumar 5.Ranjith Kumar ... 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 No.1 to 3 to take action as against the respondents no.4 and 5 for illegally blocking the drainage and consequently direct the respondents no.1 to 3 to ensure to free flow of drainage water by considering the petitioner's representation dated 10.12.2024.

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For Petitioner : Mr.K.Arunraj For R-1 & R-2 : Mr.D.S.Neduncheliyan, Government Advocate For R-3 : Mr.T.Amjad Khan, Government Advocate

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 respondents 4 and 5 is dispensed with. 3.This writ petition is filed to direct the respondents No.1 to 3 to take action as against the respondents no.4 and 5 for illegally blocking the drainage and consequently direct the respondents no.1 to 3 to ensure to free flow of drainage water by considering the petitioner's representation dated 10.12.2024.

4.Heard the learned counsels on either sides and carefully perused the materials available on record.

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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 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 3 to consider the petitioner's representation dated 10.12.2024 and pass appropriate orders in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order. 7.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

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To 1.The District Collector, Trichy District.

2.The Tahsildhar, Thottiyam Taluk Office, Thottiyam, Trichy District.

3.The Block Development Officer, Thottiyam Taluk, Trichy District.

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L.VICTORIA GOWRI, J.

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