T.Nanmaaran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH T.Nanmaaran ... Petitioner -vs1.The District Collector, O/o. the District Collector, Nagrcoil, Kanyakumari District.
2.The Project Director, District Rural Development Agency, Nagercoil, Kanyakumari District.
3.The Project Director, Women's Welfare Scheme, Nagercoil, Kanyakumari District.
4.The Block Development Officer, Kurunthancode Panchayat Union, Kurunthancode, Kanyakumari District.
5.The Panchayat Secretary, Muttam Panchayat, Muttam, Kanyakumari District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider and dispose of the representation dated 02.04.2025 submitted by the petitioner to the respondents within a time frame fixed by this Court and further direct the fourth respondent to allow the petitioner to park food truck on a par with other shops by paying Rs.50 for everyday till allotting a permanent shop. For Petitioner : Mr.V.Rajiv Rufus For R1 to R3 : Mr.C.Venkatesh Kumar Special Government Pleader For R4 : Mr.P.T.Thiraviam Government Advocate
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to consider and dispose of the representation submitted by the petitioner to the respondents dated 02.04.2025 and also a further direction to the fourth respondent to allow the petitioner to park food truck on par with other shops by paying Rs.50/- for everyday till the allotment of a permanent shop.
2. By consent, this Writ Petition is disposed of at the admission stage itself.
3. Seeking permission to park his vehicle beside the permanent shop at Muttam Beach and to carry out fish value-added business from his own vehicle at a concessional rate of Rs.50/- per day until a permanent structure is allotted and also to ensure that the authorities do not harass or obstruct his lawful business activities, the petitioner submitted a representation dated 02.04.2025. However, the respondents have not considered his request. Hence, the petitioner has filed the present Writ Petition.
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 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 first respondent herein to consider the petitioner's representation dated 02.04.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of six 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 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.
NCC : Yes / No 22.04.2025 Index : Yes / No smn2 To:- 1.The District Collector, O/o. the District Collector, Nagrcoil, Kanyakumari District.
2.The Project Director, District Rural Development Agency, Nagercoil, Kanyakumari District.
3.The Project Director, Women's Welfare Scheme, Nagercoil, Kanyakumari District.
4.The Block Development Officer, Kurunthancode Panchayat Union, Kurunthancode, Kanyakumari District.
5.The Panchayat Secretary, Muttam Panchayat, Muttam, Kanyakumari District.
VIVEK KUMAR SINGH , J.
smn2 22.04.2025