R.R. Harikumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.R.Harikumar ... Petitioner Vs.

1.The District Collector, Kanyakumari, Kanyakumari District.

2.The Executive Officer, Palukal Town Panchayat, Kanyakumari District.

3.The Inspector of Police, Palukal Police Station, Kanyakumari District.

4. Ligi

5. Jayendran

6. Y.S.Bose ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.1 to 3 to take appropriate action against the respondent No.4, 5 and 6 towards the petitioner representation dated 27.02.2024. 1/5

For Petitioner : Mr.N.Ranjith For R-1 & R-2 : Mr.D.S.Neduncheliyan, Government Advocate For R-3 : Mr.K.Gnanasekaran, Government Advocate, (Criminal side) *****

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 4 to 6 is dispensed with. 3.This Writ petition is filed to direct the respondent No.1 to 3 to take appropriate action against the respondent No.4, 5 and 6 towards the petitioner representation dated 27.02.2024.

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

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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. 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.Without going into the merits of this case, this Court hereby direct the 2nd respondent to consider the petitioner's representation dated 27.02.2024, after putting the petitioner as well as the respondents 4 to 6 on notice 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. 03.01.2025 NCC : Yes / No Index : Yes / No 3/5

Internet : Yes Sml To 1.The District Collector, Kanyakumari, Kanyakumari District.

2.The Executive Officer, Palukal Town Panchayat, Kanyakumari District.

3.The Inspector of Police, Palukal Police Station, Kanyakumari District.

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L.VICTORIA GOWRI, J.

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