L.R.Jaya Sekhar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI L.R.Jaya Sekhar ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director of Town Panchayat, Collectorate Campus, Nagercoil, Kanyakumari District.

3.The Executive Officer, Reethapuram Town Panchayat, Reethapuram and Post, Kanyakumari District.

4.I. Edwin Jose, President, Reethapuram Town Panchayat, Reethapuram and Post, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 01.11.2024 and thereby direct the 1st respondent to take appropriate action against the wrong doers in Reethapuram Panchayat.

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For Petitioner : Mr.G.Ramanathan For R-1 & R-2 : Mr.T.Amjad Khan, Government Advocate For R-3 : Mr.S.P.Maharajan, Special Government Pleader

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.This writ petition is filed to direct the 1st respondent to consider the petitioner's representation dated 01.11.2024 and thereby direct the 1st respondent to take appropriate action against the wrong doers in Reethapuram Panchayat.

3.Heard the learned counsels on either sides and carefully perused the materials available on record.

4.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 the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. 2/5

As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5. Without going into the merits of this case, this Court hereby direct the 1st respondent to consider the petitioner's representation dated 01.11.2024 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner as well as the 4th respondent, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of. No costs. 09.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml 3/5

To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Director of Town Panchayat, Collectorate Campus, Nagercoil, Kanyakumari District.

3.The Executive Officer, Reethapuram Town Panchayat, Reethapuram and Post, Kanyakumari District.

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L.VICTORIA GOWRI, J.

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