Muthu v. The District Collector

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 Muthu ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Melur, Madurai District.

3.The Tahsildar, Melur Taluk, Madurai District.

4.The President, Ayyapatti Panchayat, Melur Taluk, Madurai District.

5.Thirunavukkarasu 6.Rajendran ... 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 to 4, to remove the

encroachments of the respondents 5 and 6 made in the land in Survey No.107, in Thiruchunai Village, Melur Taluk, Madurai District by considering the petitioner's representation dated 05.10.2020 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthik For R-1 to R-4 : Mr.S.Shaji Bino Special Government Pleader For R-5 & R-6 : Mr.R.Muruga Boopathy

ORDER

This Writ Petition has been filed for Mandamus, to direct the respondents 1 to 4 to remove the encroachments of the respondents 5 and 6 made in the land in Survey No.107, in Thiruchunai Village, Melur Taluk, Madurai District by considering the petitioner's representation dated 05.10.2020 within the time limit that may be stipulated by this Court.

2. The petitioner herein had given a representation to the respondents 1 to 4 on 05.10.2020 to remove the encroachments alleged to have been made by the respondents 5 and 6 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 concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned 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 respondents 5 and 6 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 District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Melur, Madurai District.

3.The Tahsildar, Melur Taluk, Madurai District.

4.The President, Ayyapatti Panchayat, Melur Taluk, Madurai District.

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 17.12.2024