M.Senthilkumar v. The District Collector / Inspector Of Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Senthilkumar ... Petitioner Vs.

1.The District Collector/Inspector of Panchayat, Madurai District, Madurai.

2.The Thasildar, Melur Taluk, Madurai District.

3.The Block Development Officer, Melur Panchayath Union Office, Melur, Madurai District.

4.The President/Executive Officer, Therkku Theru Village Panchayat, Melur Taluk, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to direct the 3rd respondent to take necessary action for facilitating and developing the portion of Mud Road, in Survey No.143/3A1B of Therkku Theru Village, Melur Taluk, Madurai District as permanent Road based on the petitioner's representations dated 08.01.2024 and 06.05.2024. For Petitioner : Mr.A.Prasanna Rajadurai For Respondents 1 to 4 : Mr.S.Kameshwaran Government Advocate 1/4

ORDER

This Writ Petition came to be filed by the petitioner, to consider the his representation dated 08.01.2024 and 06.05.2024, directing the third respondent to develop the portion of Mud Road in Survey No.143/3A1B if Therkku Theru Village, Melur Taluk, Madurai District, into permanent road.

2.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 the respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

3.Without going into the merits, this Court hereby direct the third respondent to consider the petitioner's representations dated 08.01.2024 and 06.05.2024 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order.

2/4

4.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

15.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The District Collector/Inspector of Panchayat, Madurai District, Madurai.

2.The Thasildar, Melur Taluk, Madurai District.

3.The Block Development Officer, Melur Panchayath Union Office, Melur, Madurai District.

4.The President/Executive Officer, Therkku Theru Village Panchayat, Melur Taluk, Madurai District.

3/4

L.VICTORIA GOWRI, J.

Mrn 15.11.2024 4/4