Saravanan v. The District Collector
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 and W.M.P.(MD)No.26243 of 2024 1.Saravanan 2.Balamurugan : Petitioners Vs.
1.The District Collector, Madurai District.
2.The Revenue Divisional Officer, Thirumangalam, Madurai District.
3.The Tahsildar, Thirumangalam Taluk, Madurai District.
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4.The Block Development Officer, Thirumangalam Panchayat Union, Thirumangalam Taluk, Madurai District.
5.The President, Vidathakulam Village Panchayat, Thirumangalam Taluk, Madurai District.
6.Arumugam : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 2 to 5 to implement the administrative order passed by the first respondent in Na.Ka.No.2094/2024/D5 dated 18.10.2024 in column 6 of annezure II and lay single layer WBM road from Vinayagar temple to cremation ground to a length of 2000m and breadth of 3.75m at Ettunazhipudhur Village, Vidathakulam, Thirumangalam Taluk and Madurai District before month of February, 2025 by considering the petitioner's representation dated 07.12.2024.
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For Petitioner : Mr.R.Balakrishnan For Respondents 1 to 4 : Mr.P.Thilak Kumar Government Pleader
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 third respondents 2 to 5 to implement the administrative order passed by the first respondent in Na.Ka.No.2094/2024/D5 dated 18.10.2024 in column 6 of annexure II and lay single layer WBM road from Vinayagar temple to cremation ground to a length of 2000m and breadth of 3.75m at Ettunazhipudhur Village, Vidathakulam, Thirumangalam Taluk and Madurai District before the month of February, 2025 by considering the petitioner's representation dated 07.12.2024. 3.Since this Court is directing the third respondent to consider the petitioner's representation, after giving due opportunity to the private 3/7
respondent herein, notice to the private respondent is hereby dispensed with.
4.The petitioner herein had given a representation to the official respondents on 07.12.2024, for laying of road. 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 official respondents to consider the petitioner's 4/7
representation dated 07.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the sixth respondent, 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, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[M.S.R.,J.] & [A.D.M.C.,J.] 06.01.2025 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The District Collector, Madurai District.
2.The Revenue Divisional Officer, Thirumangalam, Madurai District.
3.The Tahsildar, Thirumangalam Taluk, Madurai District.
4.The Block Development Officer, Thirumangalam Panchayat Union, Thirumangalam Taluk, Madurai District.
5.The President, Vidathakulam Village Panchayat, Thirumangalam Taluk, Madurai District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 06.01.2025 7/7