Bharathamani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.174 of 2025 Bharathamani ... Petitioner Vs.

1. The District Collector, Karur.

2. The Revenue Divisional Officer, Kulithalai.

3. The Thasildar, Kulithalai.

4. The Commissioner, Kulithalai Municipality, Kulithalai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from constructing a public toilet in Natham land in Ward No.1, Manathattai Village, Kulithalai Taluk, Karur District by considering the representation of the petitioner dated 27.10.2024.

1/4

For Petitioner : Ms.J.Madhu For Respondents : Mr.S.Kameswaran (R1 to R3) Government Advocate Mr.A.N.Ramanathan (R4)

ORDER

This writ petition has been filed to forbear the respondents from constructing a public toilet in Natham land in Ward No.1, Manathattai Village, Kulithalai Taluk, Karur District by considering the representation of the petitioner dated 27.10.2024.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. The petitioner has made a representation dated 27.10.2024 to forbear the respondents from constructing a public toilet in Natham land in Ward No.1, Manathattai Village, Kulithalai Taluk, Karur District. Since the same has not been considered, this writ petition has been filed. 2/4

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, nonconsideration 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. In view of the same, this Court hereby direct the respondents to consider the petitioner's representation dated 27.10.2024 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

07.01.2025 NCC : Yes / No Index : Yes / No 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The District Collector, Karur.

2. The Revenue Divisional Officer, Kulithalai.

3. The Thasildar, Kulithalai.

4. The Commissioner, Kulithalai Municipality, Kulithalai.

Order made in Dated 07.01.2025 4/4