M. Murugantham v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M.Muruganantham : Petitioner Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Deputy Director, Rural Health and Family Welfare, Dindigul.
3.The Block Medical Officer, Primary Health Centre, Ulapakudi, Natham Taluk, Dindigul District.
4.The Revenue Divisional Officer, Natham, Dindigul District.
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5.The Tahsildar, Natham Taluk, Dindigul District.
6.The Block Development Officer, Natham Panchayat Union, Natham, Dindigul District.
7.Regan Prabudass : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachments caused by the 7th respondent in the public pathway belonging to the third respondent's Senthurai Primary Health Centre in S.No.17/1A4 and Patta No.1961 situated at Kudagipatti Village, Natham Taluk, Dindigul District and consequently direct the respondents 1 to 6 to lay tar road therein within a time frame fixed by this Court.
For Petitioner : Mr.M.Pounraj For Respondents 1 to 5 : Mr.P.Thilak Kumar Government Pleader 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 6 to remove the encroachments caused by the 7th respondent in the public pathway belonging to the third respondent's Senthurai Primary Health Centre in S.No.17/1A4 and Patta No.1961 situated at Kudagipatti Village, Natham Taluk, Dindigul District and for a consequential direction to the respondents 1 to 6 to lay tar road therein.
3.Since this Court is directing the official respondents 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 a representation to the respondents 1 to 6 on 13.04.2024, to remove the encroachment 3/7
alleged to have been made by the seventh respondent. 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.
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 13.04.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the seventh 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 4/7
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, this Writ Petition stands disposed of. There shall be no order as to costs. [M.S.R.,J.] & [A.D.M.C.,J.] 06.12.2024 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The District Collector, Dindigul District, Dindigul.
2.The Deputy Director, Rural Health and Family Welfare, Dindigul.
3.The Block Medical Officer, Primary Health Centre, Ulapakudi, Natham Taluk, Dindigul District.
4.The Revenue Divisional Officer, Natham, Dindigul District.
5.The Tahsildar, Natham Taluk, Dindigul District.
6.The Block Development Officer, Natham Panchayat Union, Natham, Dindigul District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 06.12.2024 7/7