R.Gunasekaran v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Gunasekaran ... Petitioner Vs.
1.The Tahsildar, Office of the Tahsildar, Orathanadu Taluk, Thanjavur District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thanjavur District.
3.The Block Development Officer, Office of the Block Development Officer, Thiruvonam Panchayat Union, Orathanadu Taluk, Thanjavur District.
4.A.Kanthasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, to direct the respondents No.1, 2 and 3 to remove the encroachment made by the respondent No.4 in the land in Survey No.82/17
located in Neyveli Vadatheru revenue village, Orathanadu Taluk, Thanjavur District in accordance with law within the time stipulated by this Court. For Petitioner : Mr.S.Ramesh Kumar For R-1 to R-3 : Mr.P.Thilak Kumar Government Pleader For R-4 : Mr.R.Karunanithi
ORDER
This Writ Petition has been filed for Mandamus, to direct the respondents No.1, 2 and 3 to remove the encroachment made by the respondent No.4 in the land in Survey No.82/17 located in Neyveli Vadatheru revenue village, Orathanadu Taluk, Thanjavur District in accordance with law within the time stipulated by this Court.
2. The petitioner herein had given a representation to the respondents 1 to 3 on 14.09.2020 to remove the encroachments alleged to have been made by the fourth respondent in the subject lands. Since the said representation was not considered, the present Writ Petition has been filed.
3. 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.
4. Since there is a considerable lapse of time after the earlier representation was made, the petitioner herein is granted liberty to give a fresh representation to the first respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the first respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the fourth respondent herein, as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. 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 concerned respondent to consider the same, on its own merits.
5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
(M.S.R.,J.) (A.D.M.C.,J.) 17.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Tahsildar, Office of the Tahsildar, Orathanadu Taluk, Thanjavur District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thanjavur District.
3.The Block Development Officer, Office of the Block Development Officer, Thiruvonam Panchayat Union, Orathanadu Taluk, Thanjavur District.
M.S.RAMESH,J.
and A.D.MARIA CLETE,J.
Lm 17.12.2024