Y.Syed Ibrahim Bathusha v. The District Collector/Monitoring Committee
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 Y.Syed Ibrahim Bathusha ... Petitioner Vs.
1.The District Collector/Monitoring Committee, Office of the District Collectorate, 2.The Revenue District Officer, RDO Office, 3.The Tahsildar, Tiruchuli Tahsildar Office, 4.The Superintendent of Police, Office of Superintendent of Police, 5.Abdul Rahman 6.K.Meharaj Banu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 4 to remove the illegal
encroachment made by the respondents 5 and 6 in Survey No.101/26 at V.Pudur Village, Vellangudi Post, Tiruchuli Taluk at Virudhunagar District and by considering the representation of the petitioner dated 06.01.2024 within the reasonable time as may be fixed by this Court. For Petitioner : Mr.T.Balarathinakumar For R-1 to R-3 : Mr.P.Thilak Kumar Government Pleader For R-4 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)
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 respondents 1 to 4 to remove the illegal encroachment made by the respondents 5 and 6 in Survey No.101/26 at V.Pudur Village, Vellangudi Post, Tiruchuli Taluk at Virudhunagar District and by considering the representation of the petitioner dated 06.01.2024 within the reasonable time as may be fixed by this Court.
3. Since no adverse orders are going to be passed against the respondents 5 and 6, notice to the respondents 5 and 6 is hereby dispensed with.
4. The petitioner herein had given a representation to the respondents 1 to 4 on 06.01.2024 to remove the encroachments alleged to have been made by the respondents 5 and 6 in the subject lands. 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 respondents 1 to 4 herein to consider the petitioner's representation dated 06.01.2024, on its own merits and pass appropriate orders in accordance with
law, after giving due opportunity to the petitioner and the respondents 5 and 6 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.
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 Committee, Office of the District Collectorate, 2.The Revenue District Officer, RDO Office,
3.The Tahsildar, Tiruchuli Tahsildar Office, 4.The Superintendent of Police, Office of Superintendent of Police,
M.S.RAMESH,J.
and A.D.MARIA CLETE,J.
Lm 16.12.2024