Palani v. The District Collector / Chairperson

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Palani ... Petitioner Vs.

1.The District Collector / Chairperson, District Monitoring Committee, 2.The Tahsildar, 3.The Block Development Officer, S.Pudur Union Office, 4.The President, Kulathupatti Panchayat, S.Pudur Union, 5.Vellachi 6.Ponnazhagi 7.Selvaraj

8.Veeran ... 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 encroachment made by the respondents 5 and 8 in the Cart Track and pathway comprised in Survey Nos.263/20, 30/20, 12/24 and 13/5 of Vijayapuram Village, Kulathupatti Revenue Village, Singampunari Taluk, Sivagangai District in the light of communication of the 2nd respondent addressed to the 3rd respondent in Na.Ka.A3/1833/2024 dated 25.07.2024 within the time frame as fixed by this Court.

For Petitioner : Mr.R.Ponkarthikeyan For R-1 & R-2 : Mr.S.Shaji Bino Special Government Pleader For R-3 & R-4 : Mr.J.Ashok Additional 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 a Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 and 8 in the Cart Track and pathway comprised in Survey Nos.263/20, 30/20, 12/24

and 13/5 of Vijayapuram Village, Kulathupatti Revenue Village, Singampunari Taluk, Sivagangai District in the light of communication of the 2nd respondent addressed to the 3rd respondent in Na.Ka.A3/1833/2024 dated 25.07.2024 within the time frame as fixed by this Court.

3. Since no adverse orders are going to be passed against the respondents 5 to 8, notice to the respondents 5 and 8 is hereby dispensed with.

4. The petitioner herein had given a representation to the respondents 1 to 3 on 13.06.2024 to remove the encroachments in the pathway. 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 13.06.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the respondents 5 to 8 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.) 06.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector / Chairperson, District Monitoring Committee, 2.The Tahsildar,

3.The Block Development Officer, S.Pudur Union Office, 4.The President, Kulathupatti Panchayat, S.Pudur Union,

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 06.01.2025