Ramakrishnan v. The Commissioner / Divisional Monitoring Committee,
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 Ramakrishnan ... Petitioner Vs
1. The Commissioner / Divisional Monitoring Committee,, Tirunelveli Corporation, Tirunelveli.
2. The Assistant Commissioner,, Melapalayam Zone, Tirunelveli Corporation..
3. Shanmugam.
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachment made by the 3rd respondent in the land in road in the layout namely Annai Velankannai Matha Nagar, now Maghilchi Nagar in Ward No. 51 of Tirunelveli Corporation by disposing the petitioner's representation dated 22.07.2024.
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For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.S.P.Maharajan for R1 & R2 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. Since no adverse orders are going to be passed against the respondent No.3, notice to the respondent No.3 is dispensed with.
3. The petitioner has filed this writ petition for a mandamus to direct the respondents 1 and 2 to remove the encroachment made by the 3rd respondent in the land in road in the layout namely Annai Velankannai Matha Nagar, now Maghilchi Nagar in Ward No. 51 of Tirunelveli Corporation by disposing the petitioner's representation dated 22.07.2024.
4. In order to remove the encroachment said to have been made by the 3rd respondent, the petitioner has given a representation to the 2/5
respondents 1 and 2 on 22.07.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.
5. 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.
6. In the light of the above observations, there shall be a direction to the respondents 1 and 2 herein to consider the petitioner's representation dated 22.07.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the 3rd respondent and all other persons, who may be interested in the subject property, within a period of three months from 3/5
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.
7. 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 Commissioner / Divisional Monitoring Committee,, Tirunelveli Corporation, Tirunelveli.
2. The Assistant Commissioner,, Melapalayam Zone, Tirunelveli Corporation..
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M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.29171 of 2024 Date : 05/12/2024 5/5