P.Chinnathevar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE P.Chinnathevar ... Petitioner Vs
1. The District Collector, Madurai District, Madurai..
2. The Additional Collector / Project Director, District Rural Development Agency, Madurai..
3. The Tahsildar, Peraiyur Taluk, Madurai District..
4. The Block Development Officer, (Village Panchayat), Sedapatti Panchayat Union, Madurai District..
5. The President, Sembarani Village Panchayat, Peraiyur Taluk, Madurai District..
... Respondents 1/5
PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the Respondents No. 1 to 4 to construct New Panchayat Office Building at Survey No. 13/1A, Sembarani village, Sedapatti Taluk, Madurai District, as per the order of the 1st Respondent in Na.Ka.No. 927/2024/T5 dated 14.08.2024 within the stipulated time, by considering the representation of the petitioner dated 09.09.2024.
For Petitioner : Mr.M.Jegadheeshpandian For Respondents : Mr.P.Thilak Kumar Additional Government Pleader
ORDER
(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. The petitioner has filed this writ petition for a mandamus to direct the the respondents No. 1 to 4 to construct New Panchayat Office Building at Survey No. 13/1A, Sembarani village, Sedapatti Taluk, Madurai District, as per the order of the 1st Respondent in Na.Ka.No. 927/2024/T5 dated 14.08.2024 within the stipulated time, by considering the representation of the petitioner dated 09.09.2024. 2/5
3. For construction of a new Panchayat Office for the 5th respondent panchayat, the petitioner has given a representation on 09.09.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.
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 1 to 4 herein to consider the petitioner's representation dated 09.09.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all other persons, who may be interested, within a period 3/5
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] 05.12.2024 NCC : Yes/No Index : Yes/No RR To
1. The District Collector, Madurai District, Madurai..
2. The Additional Collector / Project Director, District Rural Development Agency, Madurai..
3. The Tahsildar, Peraiyur Taluk, Madurai District..
4. The Block Development Officer, (Village Panchayat), Sedapatti Panchayat Union, Madurai District..
4/5
M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.29142 of 2024 Date : 05/12/2024 5/5