G.Georgemani, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.10241 of 2018 G.Georgemani : Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Block Development Officer (Panchayat), Sathankulam, Panchayat Union, Sathankulam, Thoothukudi District.

3. M.Jesudasan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to permit the petitioner and people of Polaiyarpuram Village to reconstruct the bus shelter in Survey No.252 at Polaiyarpuram Village, Sasthavinalloor Village (Revenue) & Panchayat, Sathankulam Taluk, Thoothukudi District. For Petitioner : Mr.A.Selvendran For R1 : Mr.V.Anand, Government Advocate.

For R2 : Mr.S.Dhayalan Government Advocate.

ORDER

Heard Mr.A.Selvendran, learned counsel appearing for the petitioner, Mr.V.Anand, learned Government Advocate, who takes notice on behalf of the first respondent and Mr.S.Dhayalan, learned Government Advocate, who takes notice on behalf of the second respondent.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.It is the grievance of the petitioner that his representation, dated 19.07.2017 to permit the petitioner and people of Polaiyarpuram Village to reconstruct the bus shelter in https://hcservices.ecourts.gov.in/hcservices/

Survey No.252 at Polaiyarpuram Village, Sasthavinalloor Village (Revenue) & Panchayat, Sathankulam Taluk, Thoothukudi District, has not been considered by the respondents 1 and 2 till date and therefore, has filed the present writ petition. 4.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 5.

In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 19.07.2017 on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Such an exercise shall be done, after giving due opportunity to the third respondent.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Block Development Officer (Panchayat), Sathankulam, Panchayat Union, Sathankulam, Thoothukudi District.

+1 cc to M/S.Mr.J.Ashok, Advocate, SR No.64644 W.P.(MD)No.10241 of 2018 28.04.2018 Myr PK/RSK-SKN/SAR-4/23.05.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/