N. Thirumarai Selvi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Thirumarai Selvi ... Petitioner Vs.

1.The District Collector, Collectorate, Madurai District, Madurai.

2.The Corporation Commissioner, Office of the Madurai Corproation, Anna Maligai, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to remove the iron pipes and concrete slab put up by the 2nd respondent inside as well as in front of the petitioner's Plot Nos.41 and 42 situated at Kannanenthal Revenue Village, Thiruppalai, Madurai North Taluk, Madurai District, by considering the petitioner's representation dated 06.01.2025. For Petitioner : Mr.A.Rajaram For R-1 : Mr.D.S.Neduncheliyan, Government Advocate 1/4

For R-2 : Mr.F.Deepak, Standing counsel

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.This writ petition is filed to direct the respondents to remove the iron pipes and concrete slab put up by the 2nd respondent inside as well as in front of the petitioner's Plot Nos.41 and 42 situated at Kannanenthal Revenue Village, Thiruppalai, Madurai North Taluk, Madurai District, by considering the petitioner's representation dated 06.01.2025. 3.Heard the learned counsels on either sides and carefully perused the materials available on record.

4.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 2/4

justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5.Without going into the merits of this case, this Court hereby direct the 1st respondent to consider the petitioner's representation dated 06.01.2025 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. 6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

28.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The District Collector, Collectorate, Madurai District, Madurai.

2.The Corporation Commissioner, Office of the Madurai Corproation, Anna Maligai, Madurai.

3/4

L.VICTORIA GOWRI, J.

Sml 28.01.2025 4/4