S. Anbalagan v. The State Of Tamil Nadu
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 S.Anbalagan : Petitioner Vs.
1.The State of Tamil Nadu rep. by, The Secretary to Government, Secretariat, St. George Fort, 2.The Municipal Administrative Director, O/o. Municipal Administrative Office, No.75, Santhome Highways, Raja Annamalaipuram, MRC Nagar, Chennai.
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3.The Municipal Commissioner, Thuraiyur Municipality, Thuraiyur, Trichy District.
4.The Regional Director, Municipal Administration, 1/A.Y.A. Nadar Road, Kodimaranthumoolai near, Thanjavur.
5.The Local Body Ombudsman, No.100, Annasalai, Guindy, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to take necessary action on the basis of the petitioner's representation dated 05.12.2023 with regard to remove the building namely Sri Venkateshwara lodge in Trichy to Thuraiyur Extension of road in the light of the order passed by the fifth respondent dated 20.09.2024 within a time frame fixed by this Court.
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For Petitioner : Mr.D.Anbarasu For Respondents : Mr.P.Thilak Kumar Government Pleadewr
O R D E R
************ [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.This writ petition has been filed for a Mandamus to direct the respondents to take necessary action on the basis of the petitioner's representation dated 05.12.2023, with regard to remove the building namely Sri Venkateshwara lodge in Trichy to Thuraiyur Extension of road in the light of the order passed by the fifth respondent dated 20.09.2024.
3.The petitioner herein had given a representation to the respondents on 05.12.2023 in this regard. Since the said representation was not considered, the present writ petition has been filed. 3/8
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 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. 5.In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 05.12.
2023, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner 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.
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6.With the above direction, this 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 Index : Yes/No Internet : Yes/No MR 5/8
To 1.The Secretary to Government, State of Tamil Nadu Secretariat, St. George Fort, 2.The Municipal Administrative Director, O/o. Municipal Administrative Office, No.75, Santhome Highways, Raja Annamalaipuram, MRC Nagar, Chennai.
3.The Municipal Commissioner, Thuraiyur Municipality, Thuraiyur, Trichy District.
4.The Regional Director, Municipal Administration, 1/A.Y.A. Nadar Road, Kodimaranthumoolai near, Thanjavur.
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5.The Local Body Ombudsman, No.100, Annasalai, Guindy, 7/8
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 06.01.2025 8/8