M.Sulochana v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Sulochana ... Petitioner Vs.
1. The District Collector, Collectorate, Pudukkottai District, Pudukkottai.
2. The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.
3. The Thasildar, Karambakudi Taluk, Pudukkottai District.
4. The Block Development Officer, Panchayat Union Office, Karambakudi Taluk, Pudukkottai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 4th respondent to lay the road in S.F.No.148/11 leaving the distance of 10 feet away from the petitioner's residential house situated in S.F.No.148/28 of Malaiyur Village, Karambakudi Taluk, Pudukkottai District, after getting permission from the respondents 1 to 1/5
3 by considering petitioner's representation dated 10.01.2025. For Petitioner : Mr. M/s.Kbs Law Office For R-1 to R-3 : Mr.T.Amjadkhan Government Advocate For R-4 : Mr.D.Sadiq Raja Additional Government Pleader
ORDER
Mr.T.Amjad Khan, learned Government Advocate takes notice for the respondents 1 to 3 and Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice for the fourth respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. This Writ Petition has been filed seeking to direct the 4th respondent to lay the road in S.F.No.148/11 leaving the distance of 10 feet away from the petitioner's residential house situated in S.F.No.148/28 of Malaiyur Village, Karambakudi Taluk, Pudukkottai District, after getting permission from the respondents 1 to 3 by considering petitioner's representation dated 10.01.2025. 2/5
3. Heard the learned counsel on either side and carefully perused the entire materials available on record.
4. The petitioner has made a representation on 10.01.2025 to the respondents, requesting them to lay a road leaving 10 feet away from the petitioner's house. Since, the same was not considered, the present writ petition came to be filed.
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, nonconsideration 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 to consider the representation made by the petitioner 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.
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7. Accordingly, this Writ Petition stands disposed of. No costs. 31.01.2025 NCC : Yes / No Index : Yes / No jbr TO:-
1. The District Collector, Collectorate, Pudukkottai District, Pudukkottai.
2. The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.
3. The Thasildar, Karambakudi Taluk, Pudukkottai District.
4. The Block Development Officer, Panchayat Union Office, Karambakudi Taluk, Pudukkottai District.
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L.VICTORIA GOWRI, J.
jbr Order made in Dated 31.01.2025 5/5