G. George Mani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.5873 of 2025 G.George Mani : Petitioner Vs.

1. The District Collector, Thoothukudi District.

2. The Tahsildar, Sathankulam Taluk, Thoothukudi District.

3. The Block Development Officer, Sathankulam, Thoothukudi District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to consider and dispose of the petitioner's representation dated 30.09.2024 as expeditiously as possible preferably within the time stipulation as prescribed by this Hon'ble Court.

For Petitioners : Mr.R.Anand 1/5

For Respondents : Mr.K.S.Selvaganesan Addl. Government Pleader for R1 & R2 Mr.D.Sadiq Raja Spl. Government Pleader for R3

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to consider and dispose of the petitioner's representation dated 30.09.2024 as expeditiously as possible preferably within the specified time frame.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner claims to be the resident of the aforementioned village. The grievance of the petitioner is that the respondents are attempting to erect a specific nameboard at the bus shelter contrary to the wishes of the villagers. In this regard, the petitioner's submitted a representation to the first respondent to take action against the fourth respondent. However, since no action has been taken, the petitioner has now filed the present Writ Petition. 2/5

4. Heard both sides.

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 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 first respondent to consider the petitioners' representation dated 30.09.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioners, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its 3/5

views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

20.03.2025 Index : Yes / No Internet : Yes / No PKN To

1. The District Collector, Thoothukudi District.

2. The Tahsildar, Sathankulam Taluk, Thoothukudi District.

3. The Block Development Officer, Sathankulam, Thoothukudi District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.7747 of 2025 20.03.2025 5/5