R.Mayilsamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Mayilsamy : Petitioner Vs.

1.The District Collector, Collectorate Building, Madurai - 625 020.

2.The Commissioner, Madurai City Municipal Corporation, Aringar Anna Maligai, Thallakulam, Madurai - 625 002.

3.The Member Secretary / The Assistant Director, Town Planning Country, Section 6, Anaiyur, Koodalpudur - Anaiyur, Madurai - 625 017.

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4.The Revenue Divisional Officer, Madurai Collectorate Building, Madurai - 625 020.

5.The Assistant Commissioner, Zone - 2 (North), Madurai City Corporation, K.Pudur, Madurai - 625 007.

6.Rubalshilpa Jain : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment and unauthorized constructions made by the sixth respondent in Survey No.107/2, UDR No.208/2, Ward No.2, Vilangudi Bit - 1, Zonal No.2 (North), Madurai City total extent of 20 cent by considering the petitioner's representation dated 14.10.2024.

For Petitioner : Mr.J.M.Aravind Pawlraj For Respondents 1, 3 & 4 : Mr.P.Thilak Kumar Government Pleader For Respondent No.2 : Mr.K.K.Kannan Standing Counsel 2/7

O R D E R

************ [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.This writ petition has been filed for a Mandamus to direct the respondents 1 to 5 to remove the encroachment and unauthorized constructions made by the sixth respondent in Survey No.107/2, UDR No.208/2, Ward No.2, Vilangudi Bit - 1, Zonal No.2 (North), Madurai City total extent of 20 cent by considering the petitioner's representation dated 14.10.2024. 3.Since this Court is directing the respondents 1 to 5 to consider the petitioner's representation, after giving due opportunity to the private respondent herein, notice to the private respondent is hereby dispensed with.

4.The petitioner herein had given representation to the respondents 1 to 5 on 14.10.2024, for removal of encroachments. Since the said representation was not considered, the present writ petition has been filed.

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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.

6.In the light of the above observations, there shall be a direction to the respondents 1 to 5 herein to consider the petitioner's representation dated 14.10.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the sixth respondent herein, as well as all other persons, who may be interested in the subject property, within a period of three [3] 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.

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7.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.] 15.11.2024 Index : Yes/No Internet : Yes/No MR 5/7

To 1.The District Collector, Collectorate Building, Madurai - 625 020.

2.The Commissioner, Madurai City Municipal Corporation, Aringar Anna Maligai, Thallakulam, Madurai - 625 002.

3.The Member Secretary / The Assistant Director, Town Planning Country, Section 6, Anaiyur, Koodalpudur - Anaiyur, Madurai - 625 017.

4.The Revenue Divisional Officer, Madurai Collectorate Building, Madurai - 625 020.

5.The Assistant Commissioner, Zone - 2 (North), Madurai City Corporation, K.Pudur, Madurai - 625 007.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 15.11.2024 7/7