Radhakrishnan M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.05.2025

CORAM:

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

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director, Department of Geology and Mining, Collectorate, Kanyakumari District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to permit the petitioner to conduct stone quarrying operation in Petitioner's Patta Land in SF.No.493/1A2, 493/1A3 and 493/1D in Mecode Village, Kalkulam Taluk, Kanyakumari District for the non operative period of 21 days. For Petitioner : Mr.R.J.Karthick For Respondent : Mr.P.Thambidurai Government Advocate 1/4

ORDER

The writ petition is filed seeking direction to the first respondent to permit the petitioner to conduct stone quarrying operation in Petitioner's Patta Land in SF.No.493/1A2, 493/1A3 and 493/1D in Mecode Village, Kalkulam Taluk, Kanyakumari District for the non operative period of 21 days by considering the petitioner's representations, dated 03.02.2025 and 07.05.2025.

2. Mr.P.Thambidurai, learned Government Advocate takes notice for the respondents.

3. Considering the limited scope of relief sought for, this matter is taken up for final diposal at the stage of admission itself.

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 the respondents 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 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. 2/4

5. Without going into the merits of this case, this Court hereby directs the respondents to consider the petitioner's representations dated 03.02.2025 and 07.05.2025 and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition stands disposed of. No costs. 28.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn TO:- 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director, Department of Geology and Mining, Collectorate, Kanyakumari District.

3/4

L.VICTORIA GOWRI, J.

Sn Order made in Dated 28.05.2025 4/4