B.Thirupathi v. The District Collector / Monitoring Committee
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 B.Thirupathi ... Petitioner Vs.
1.The District Collector / Monitoring Committee, Office of the District Collectorate, Madurai.
2.The Commissioner, Office of the Commissioner, Madurai Corporation, Madurai.
3.The Block Development Officer, Office of the Block Development Officer, West Panchayat Union, Pothumbu Village, Madurai.
4.The Village President, West Panchayat Union, Pothumbu Village, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to remove the
encroachment made in Survey Nos.25/5B, 25/5C, 25/5D1A, 25/5D1B, 25/5D1C, 25/5E, 25/8A, 26/1, 26/2, 27/1C2 and 29/1C2 in Pothumbu Village, 2nd Bit, West Panchayat Union, Madurai and based upon the representation of the petitioner dated 11.12.2024.
For Petitioner : Mr.S.Ramsundarvijayraj For R-1 & R-3 : Mr.J.Ashok Additional Government Pleader For R-2 : Mr.K.Manisekaran Standing Counsel
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 to remove the encroachment made in Survey Nos.25/5B, 25/5C, 25/5D1A, 25/5D1B, 25/5D1C, 25/5E, 25/8A, 26/1, 26/2, 27/1C2 and 29/1C2 in Pothumbu Village, 2nd Bit, West Panchayat Union, Madurai and based upon the representation of the petitioner dated 11.12.2024.
3. Since no adverse orders are going to be passed against the fourth respondent, notice to the fourth respondent is hereby dispensed with.
4. The petitioner herein had given a representation to the official respondents on 11.12.2024 to remove the encroachments 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 3 herein to consider the petitioner's representation dated 11.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the fourth respondent 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 / Monitoring Committee, Office of the District Collectorate, Madurai.
2.The Commissioner, Office of the Commissioner, Madurai Corporation, Madurai.
3.The Block Development Officer, Office of the Block Development Officer, West Panchayat Union, Pothumbu Village, Madurai.
M.S.RAMESH,J.
and A.D.MARIA CLETE,J.
Lm 06.01.2025