Tamilarasi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.11905 of 2025 Tamilarasi ... Petitioner -vs1. The District Collector, Sivagangai District, Sivagangai.

2. The Assistant Director of Panchayat, Sivagangai District, Sivagangai.

3. The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

4. The Executive Officer, Thiruppuvanam Town Panchayat, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to provide alternate land for the petitioner to reside within Thiruppuvanam Taluk, Sivagangai District based on her representation dated 14.02.2025. 1/6

For Petitioner : Mr.L.George Paul Anto For Respondents : Mr.R.Sureshkumar, Addl. Govt. Pleader (R4) Mr.C.Venkatesh Kumar, Spl. Govt. Pleader (R1 to R3)

ORDER

This writ petition has been filed seeking a direction to the respondents 1 to 4 to provide alternate land for the petitioner to reside within Thiruppuvanam Taluk, Sivagangai District, based on her representation dated 14.02.2025.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The case of the petitioner is that the dwelling house of the petitioner is situated at government poramboke land, but however, she had been paying house tax for the said land and hence, she requested to issue patta for the said land. However, the respondents demolished her house. Therefore, the petitioner made a representation to the respondents dated 14.02.2025, to 2/6

provide alternate land for her to reside. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

4. 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, nonconsideration 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.

5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 14.02.2025, on its own merits and pass appropriate orders in accordance with law, within a period of one month 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 respondents to consider the same on its own merits.

3/6

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 25.04.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The District Collector, Sivagangai District, Sivagangai.

2. The Assistant Director of Panchayat, Sivagangai District, Sivagangai.

3. The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

4. The Executive Officer, Thiruppuvanam Town Panchayat, Sivagangai District.

5/6

VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.11905 of 2025 Dated:

25.04.2025 6/6