Panchavarnam. Rc v. The District Collector / Monitoring Committee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.C.Panchavarnam ... Petitioner vs.
1. The District Collector / Monitoring Committee, Office of the District Collectorate, Dindigul.
2. The Revenue Divisional Officer, Revenue Divisional Office, Dindigul.
3. The Tahsildar, Tahsildar Office, Natham.
4. P.Chandran ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made in the Government Poramboke land in Survey No.397/1 of Mulaiyur Village of Natham Taluk of Dindigul District, based upon the representation of the petitioner dated 17.05.2024.
Page No.1 of 5
For Petitioner : Mr.S.Ramsundarvijayraj For R1 to R3 : Mr.S.R.A.Ramachandran Additional Government Pleader
ORDER
(Order of the Court was made by M.S.RAMESH, J.) This writ petition has been filed for a Mandamus, directing the respondents 1 to 3 to remove the encroachment made in the Government Poramboke land in Survey No.397/1 of Mulaiyur Village, Natham Taluk, Dindigul District, based upon the representation of the petitioner dated 17.05.2024.
2.
Alleging encroachment by the 4th respondent over the Government poramboke land in the above said survey number, the petitioner made a representation dated 17.05.2024 to the official respondents to take appropriate action and finding no heed to it was paid, she has filed the present writ petition. 3.
Heard both sides.
Page No.2 of 5
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, 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.
5.
In the light of the above observations, there shall be a direction to the official respondents to consider the petitioner's representation dated 17.05.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, private respondent, as well as all other persons, who may be interested in the subject property, within a period of three months 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 Page No.3 of 5
matter and that it is open to the concerned respondents to consider the same on its own merits.
6.
With the above direction, the Writ Petition stands disposed of. No costs.
(M.S.R, J.) (A.D.M.C, J.) 24.01.2025 Index : Yes / No bala To
1. The District Collector / Monitoring Committee, Office of the District Collectorate, Dindigul.
2. The Revenue Divisional Officer, Revenue Divisional Office, Dindigul.
3. The Tahsildar, Tahsildar Office, Natham.
Page No.4 of 5
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
bala ORDER MADE IN DATED : 24.01.2025 Page No.5 of 5