Carmal Sudhalin v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Carmal Sudhalin ... Petitioner Vs.
1.The District Collector, Kanyakumari District, Nagercoil.
2.The District Revenue Officer, Nagercoil, Kanyakumari District.
3.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.
4.The Tahsildar, Agastheeswaram Circle, Nagercoil, Kanyakumari District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representations and reminders dated 18.04.2016, 27.05.2016, 10.06.2016, 18.10.2016, 01.03.2019, 12.11.2021, 12.12.2022, 12.07.2023, 17.06.2024 and 24.06.2024 and pass appropriate orders rectifying the error having been crept on record forthwith. 1/5
For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.A.Kannan, Additional Government Pleader *****
ORDER
By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
2.This Writ petition is filed to direct the 3rd respondent to consider the petitioner's representations and reminders dated 18.04.2016, 27.05.2016, 10.06.2016, 18.10.2016, 01.03.2019, 12.11.2021, 12.12.2022, 12.07.2023, 17.06.2024 and 24.06.2024.
3.Heard the learned counsels on either sides and carefully perused the materials available on record.
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 the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. 2/5
As such, non-consideration of the representation made to the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
5.Despite several reminders after the representation dated 18.04.2016, the respondents have not considered the same. Contemning the callousness of the respondents, this Court hereby direct the 3rd respondent to consider the petitioner's representations and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.
6.With the above directions, this writ petition is disposed of. No costs. 02.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml 3/5
To 1.The District Collector, Kanyakumari District, Nagercoil.
2.The District Revenue Officer, Nagercoil, Kanyakumari District.
3.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.
4.The Tahsildar, Agastheeswaram Circle, Nagercoil, Kanyakumari District.
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L.VICTORIA GOWRI, J.
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