A.Manikandan v. The District Collector/Monitoring Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE A.Manikandan ... Petitioner Vs.
1.The District Collector/Monitoring Authority, Office of Collectorate, Theni, Theni District.
2.The Block Development Officer, Village Panchayat, Andipatty Taluk, Theni District.
3.The Tahsildar, Taluk Office, Andipatty, Theni District.
4.Ganesan 5.Chitra ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 2nd respondent to consider the petitioner's representations dated 18.06.2024 and 07.10.2024 as per
G.O.Ms.No.64 dated 08.02.2022 and pass order to remove the encroachment at Government Public cart road in S.No.1656 situated at Sidaiyagoundanpatti, Yaethakovil Post, Andipatty Taluk, Theni District within stipulated time as fixed by this Court.
For Petitioner : Mr.J.Senthil Kumaraiah For R-1 : Mr.P.Thilak Kumar Government Pleader For R-2 & R-3 : Mr.S.P.Maharajan Special Government Pleader
ORDER
By consent of both sides, the Writ Petition is taken up for final disposal at the stage of admission itself.
2. This Writ Petition has been filed for Mandamus to direct the second respondent to consider the petitioner's representations dated 18.06.2024 and 07.10.2024 as per G.O.Ms.No.64 dated 08.02.2022 and pass order to remove the encroachment at Government Public cart road in S.No.1656 situated at Sidaiyagoundanpatti, Yaethakovil Post, Andipatty Taluk, Theni District within stipulated time as fixed by this Court.
3. Since no adverse orders are going to be passed against the respondents 4 and 5, notice to the respondents 4 and 5 is hereby dispensed with.
4. The petitioner herein had given a representation to the respondents 1 to 3 on 07.10.2024 to remove the encroachments at Government Public cart road in S.No.1656 situated at Sidaiyagoundanpatti, Yaethakovil Post, Andipatty Taluk, Theni District. 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 third respondent herein to consider the petitioner's representation dated
07.10.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the respondents 4 and 5 herein, as well as all other persons, who may be interested in the subject matter, 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.
7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.
(M.S.R.,J.) (A.D.M.C.,J.) 16.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To 1.The District Collector/Monitoring Authority, Office of Collectorate, Theni, Theni District.
2.The Block Development Officer, Village Panchayat, Andipatty Taluk, Theni District.
3.The Tahsildar, Taluk Office, Andipatty, Theni District.
M.S.RAMESH,J.
and A.D.MARIA CLETE,J.
Lm 16.12.2024