Murugaiyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.13160 of 2025 & WMP(MD)No.9403 of 2025 Murugaiyan ... Petitioner -vs1. The District Collector, O/o. District Collector, Thanjavur.

2. The Block Development Officer, Orathanadu Block Development Office, Orathanadu, Thanjavur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents herein from in any manner laying the tar road in the property comprised in S.No.34/4 A 3 of an extent of 0.00.50 Ares situated at Mullurpattikadu, Orathanadu Taluk, Thanjavur District by considering the petitioner's representation dated 11.04.2025.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.C.Venkatesh Kumar (R1) Special Government Pleader Mr.S.Vinoth (R2) 1/6

ORDER

This writ petition has been filed seeking a direction to forbear the respondents herein from in any manner laying tar road in the property comprised in S.No.34/4 A 3 of an extent of 0.00.50 Ares situated at Mullurpattikadu, Orathanadu Taluk, Thanjavur District, by considering the petitioner's representation dated 11.04.2025.

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

3. The petitioner is the absolute owner of the subject property. While this being so, the respondents are proposed to lay tar road. Hence, the petitioner made a representation to the respondents dated 11.04.2025. 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 2/6

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 second respondent to consider the petitioner's representation dated 11.04.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and any other persons, who may be interested in the subject matter, within a period of one month from the date of receipt of a copy of this order. It is 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. It is also made clear that status quo as on date shall be maintained for a period of one month or till any orders to be passed by the second respondent. 3/6

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

29.04.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The District Collector, O/o. District Collector, Thanjavur.

2. The Block Development Officer, Orathanadu Block Development Office, Orathanadu, Thanjavur District.

5/6

VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.13160 of 2025 Dated:

29.04.2025 6/6