A. Kumaresan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE A.Kumaresan : Petitioner Vs.
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.
3.The Tahsildar, Taluk Office, Paramakudi, Ramanathapuram District.
4.The Municipal Commissioner, Paramakudi Municipality, Ramanathapuram District.
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5.R.Prasath 6.R.Jothisri Ranganath : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the respondents 1 to 4 to remove the encroachments made by the respondents 5 & 6 in public pathway lying in survey No.235/4B1 and Town Survey No.18/2 as well as direct the respondents 1 to 4 to take necessary steps to provide basic amenities for the peoples living in Kani Nagar, Sri Nagar, Thirupathi Nagar areas situated at Kattuparamakudi Post, Paramakudi Taluk, Ramanathapuram District, by way of considering the petitioner's representation dated 31.12.2024 within the time stipulated by this Court. For Petitioner : Mr.P.Ranjith Kumar For Respondents 1 to 3 : Mr.P.Thilak Kumar Government Pleader
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. 2/7
2.This writ petition has been filed for a Mandamus to direct the respondents 1 to 4 to remove the encroachments made by the respondents 5 & 6 in public pathway lying in survey No.235/4B1 and Town Survey No.18/2 as well as direct the respondents 1 to 4 to take necessary steps to provide basic amenities for the peoples living in Kani Nagar, Sri Nagar, Thirupathi Nagar areas situated at Kattuparamakudi Post, Paramakudi Taluk, Ramanathapuram District, by way of considering the petitioner's representation dated 31.12.2024.
3.Since this Court is directing the official respondents to consider the petitioner's representation, after giving due opportunity to the private respondents herein, notice to the private respondents is hereby dispensed with.
4.The petitioner herein had given representation to the official respondents on 31.12.2024, in this regard. Since the said representation was not considered, the present writ petition has been filed. 3/7
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 fourth respondent to consider the petitioner's representation dated 31.12.
2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the respondents 5 & 6, 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.] 30.01.2025 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.
3.The Tahsildar, Taluk Office, Paramakudi, Ramanathapuram District.
4.The Municipal Commissioner, Paramakudi Municipality, Ramanathapuram District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 30.01.2025 7/7