P.Prasanna v. The District Collector
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 P.PRASANNA ... PETITIONER vs.
1 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI.
2 THE ASSISTANT DIRECTOR OF TOWN AND COUNTRY PLANNING, AANAIYUR-MUDAKATHAN MAIN ROAD, SECTOR -6, KOODAL PUDHUR, OPP TO VAIGAI APARTMENTS, MADURAI.
3 THE THASILDAR MADURAI NORTH TALUK, MADURAI DISTRICT.
4 THE BLOCK DEVELOPMENT OFFICER MADURAI WEST PANCHAYAT UNION.
MADURAI DISTRICT.
5 THE PANCHAYAT PRESIDENT AALATHUR PANCHAYAT, AALATHUR, MADURAI DISTRICT.
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6 KARUPPANAN ... RESPONDENTS Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the readymade compound wall blocked on the road areas in the layout of the 6th respondent namely Sri Annai Meenakshi Nagar, North (Extn-II) in Alathur Village, Madurai West Panchayat Union, Madurai District by considering the petitioner's representation dated 21.09.2024 within time limit as prescribed by this Honourable Court. For Petitioner : Mr.B.Saravanan, Senior Counsel for Mr.K.K.Mahesh Raja For R1 to R5 : Mr.P.Thilakkumar, Government Pleader For R6 : Mr.G.Prabhu Rajadurai
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 5 to remove the ready-made compound wall blocked on the road areas in the layout of the 6th respondent namely, Sri Annai Meenakshi Nagar, North (Extn-II) in Alathur Village, Madurai West Panchayat Union, Madurai District, by considering the petitioner's representation dated 21.09.2024 within a time frame. Page No.2 of 6
2.
Alleging that the 6th respondent has blocked the road areas in the abovesaid place, by putting up a ready-made compound wall, the petitioner made a representation dated 21.09.2024, to the official respondents to take appropriate action and finding no heed to it was paid, he has filed the present writ petition. 3.
Heard both sides.
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.
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5.
In the light of the above observations, there shall be a direction to the official respondents to consider the petitioner's representation dated 21.09.2024 in the light of the proceedings of the 2nd respondent in Na.Ka.No.3290/2024/kjp5, dated 03.10.2024 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 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 Page No.4 of 6
To 1 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI.
2 THE ASSISTANT DIRECTOR OF TOWN AND COUNTRY PLANNING, AANAIYUR-MUDAKATHAN MAIN ROAD, SECTOR -6, KOODAL PUDHUR, OPP TO VAIGAI APARTMENTS, MADURAI.
3 THE THASILDAR MADURAI NORTH TALUK, MADURAI DISTRICT.
4 THE BLOCK DEVELOPMENT OFFICER MADURAI WEST PANCHAYAT UNION.
MADURAI DISTRICT.
5 THE PANCHAYAT PRESIDENT AALATHUR PANCHAYAT, AALATHUR, MADURAI DISTRICT.
Page No.5 of 6
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
bala ORDER MADE IN DATED : 24.01.2025 Page No.6 of 6