T.Alagumuniammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI T.Alagumaniammal ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Thoothukudi District.

2.The Additional Collector, District Rural Development Agency, Thoothukudi.

3.The Additional Director of Panchayat, Thoothukudi District, Thoothukudi.

4.The Block Development Officer, Village Panchayat, Ottapidaram Panchayat Union, Thoothukudi.

5.The Assistant Executive Engineer, Ottapidaram Panchayat Union, Thoothukudi District.

6.Rohini Raj, The President, Mela Arasadi Panchayat, Ottapidaram Panchayat Union, Thoothukudi District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to take necessary action against the 6th respondent for cancellations and allotment tenders in an illegal manner based on the petitioner's representation dated on 04.11.2024 within the time stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For R-1 to R-3 : Mr.T.Amjad Khan, Government Advocate For R-4 : Mr.P.Thambidurai, Government Advocate *****

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.Considering the limited scope of the relief sought for by the petitioner herein, notice to the respondents 5 and 6 is dispensed with. 3.This Writ petition is filed to direct the 1st respondent to take necessary action against the 6th respondent for cancellations and allotment 2/5

of tenders in an illegal manner based on the petitioner's representation dated on 04.11.2024.

4.Heard the learned counsels on either sides and carefully perused the materials available on record.

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 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. As such, non-consideration of the representation made by 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.

6.Without going into the merits of this case, this Court hereby direct the 1st respondent to consider the petitioner's representation dated 04.11.2024, after putting the petitioner and the 6th respondent on notice, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3/5

7.With the above directions, this writ petition is disposed of. No costs. 03.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The District Collector, Office of the District Collector, Thoothukudi District.

2.The Additional Collector, District Rural Development Agency, Thoothukudi.

3.The Additional Director of Panchayat, Thoothukudi District, Thoothukudi.

4.The Block Development Officer, Village Panchayat, Ottapidaram Panchayat Union, Thoothukudi.

4/5

L.VICTORIA GOWRI, J.

Sml 03.01.2025 5/5