Selvam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WP(MD). No.24254 of 2024 Selvam ... Petitioner Vs
1. The District Collector, O/o.the District Collectorate Office Sivagangai District
2. The District Revenue Officer, O/o.the District Revenue Officer, Sivagangai District
3. The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Sivagangai District.
4. The Tahsildar, O/o. the Tahsildar Manamadurai Taluk, Sivagangai District 5.Vengateshwaran 6.Ashokkumar 7.Dhanasri ... Respondents 1/6
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.1 to 4 to consider the petitioner's representation dated 08.09.2024 so as to restore the government property in S.No.142/6, 142/7, 142/8 and 142/5 of Ilayanayakanethal Village and Survey No. 142/3, 142/4 and 14/9 of Alagaburi Village, Mangulam Group, Manamadurai Taluk, Sivagangai District.
For Petitioner : Mr.R.Manikandan For Respondents : Mr.P.Thilak Kumar for R1 to R4 Government Pleader Mr.N.Anandakumar for R7
ORDER
(Order of the Court was made by M.S.RAMESH,J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. Since no adverse orders are going to be passed against the respondents 5 to 7, notice to them is dispensed with.
3. This writ petition has been filed for a mandamus to direct the respondents No.1 to 4 to consider the representation dated 08.09.2024 so as to restore the Government property in S.No.142/6, 142/7, 142/8 and 2/6
142/5 of Ilayanayakanethal Village and Survey No.142/3, 142/4 and 14/9 of Alagaburi Village, Mangulam Group, Manamadurai Taluk, Sivagangai District.
4. In order to restore the Government property in the aforesaid survey number, the petitioner herein had given a representation to the respondents 1 to 4 on 08.09.2024 to remove the same. Since the said representation was not considered, the present writ petition has been filed.
5. 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. 3/6
6. In the light of the above observations, there shall be a direction to the respondents 1 to 6 herein to consider the petitioner's representation dated 08.09.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and private respondents as well as other persons with regard to 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 matter and that it is open to the concerned respondents to consider the same on its own merits.
7. With the above direction, the Writ Petition stands disposed of. No costs.
[M.S.R.,J] [A.D.M.C.,J] 13.11.2024 NCC : Yes/No Index : Yes/No RR 4/6
TO
1. The District Collector, O/o.the District Collectorate Office Sivagangai District
2. The District Revenue Officer, O/o.the District Revenue Officer, Sivagangai District
3. The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Sivagangai District.
4. The Tahsildar, O/o. the Tahsildar Manamadurai Taluk, Sivagangai District 5/6
M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.24254 of 2024 Date : 13/11/2024 6/6