R. Vijaya Radhakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2024

CORAM:

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

1.The District Collector, Collector Officer, Sivagangai District.

2.The Tahsildar, Singumpunary, Sivagangai District.

3.The Block Development Officer, Singampunary, Sivagangai District.

4.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

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5.K.Ramachandran : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment made by the fifth respondent in Government Poromboke land comprised in SR.No.236, in Mallakottai Village, Singampunary Taluk, Sivagangai District for enabling the petitioner to forming the play ground based on the approval given by the first respondent dated 21.05.2024 by considering the petitioner's representations dated 20.07.2024 and 21.11.2024.

For Petitioner : Mr.A.Senthilkumar For Respondents 1 to 3 : Mr.S.Shaji Bino Special Government Pleader For Respondent No.4 : Mr.M.Vaikkam Karunanithi Government Advocate [Crl. Side]

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. 2/7

2.This writ petition has been filed for a Mandamus to direct the respondents 1 to 3, to remove the encroachment made by the fifth respondent in Government Poromboke land comprised in SR.No.236, in Mallakottai Village, Singampunary Taluk, Sivagangai District, enabling the petitioner to form the play ground based on the approval given by the first respondent dated 21.05.2024, by considering the petitioner's representations dated 20.07.2024 and 21.11.2024.

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 representations to the respondents 1 to 4 on 20.07.2024 and 21.11.2024, to remove the encroachment alleged to have been made by the fifth respondent. Since the said representations were 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 3 herein to consider the petitioner's representations dated 20.07.2024 and 21.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the fifth 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. 4/7

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.] 04.12.2024 Index : Yes/No Internet : Yes/No MR 5/7

To 1.The District Collector, Collector Officer, Sivagangai District.

2.The Tahsildar, Singumpunary, Sivagangai District.

3.The Block Development Officer, Singampunary, Sivagangai District.

4.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 04.12.2024 7/7