P.Radha Krishnan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WP(MD). No.26944 of 2024 P.Radha Krishnan ... Petitioner Vs
1. The District Collector, Office of the District Collector, Sivagangai Sivagangai District.
2. The District Librarian, Office of the District Librarian, No.133/d3, Majid Road, Sivagangai Sivagangai District.
3. The Librarian, Village Library, Salaigramam Village and Post, Ilayangudi Taluk, Sivagangai District.
... Respondents PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the 1/5
respondents to construct a building for Saligramam Village Library within the time stipulated by this Court.
For Petitioner : Mr.N.Senthilnathan For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. The petitioner has filed this writ petition for a mandamus to direct the respondents to construct a building for Saligramam Village Library within the time stipulated by this Court.
3. In order to construct a building for a Library in the petitioner's village, the petitioner has given a representation to the official respondents on 18.09.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this writ petition.
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4. It is needless to point out that whenever a representation of this nature is made to Statutory Authorities, there is a duty cast upon them 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 respondents to consider the representation of the petitioner dated 18.09.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner as well as all other persons, who may be interested in the subject matter, as expeditiously as possible. 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.
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6. With the above direction, the Writ Petition stands disposed of. No costs.
[M.S.R.,J] [A.D.M.C.,J] 21.01.2025 NCC : Yes/No Index : Yes/No RR To
1. The District Collector, Office of the District Collector, Sivagangai Sivagangai District.
2. The District Librarian, Office of the District Librarian, No.133/d3, Majid Road, Sivagangai Sivagangai District.
3. The Librarian, Village Library, Salaigramam Village and Post, Ilayangudi Taluk, Sivagangai District.
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M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.26944 of 2024 Date : 21.01.2025 5/5