Disposed¶40

L.Sankar v. The Principal Secretary

Madras HC10 Jan 2025WP(MD)/1097/2025

Case brief

AI extract

What is this about?

Mandamus; direction to consider representation; statutory authority duty to dispose of representation; dereliction of duty; Article 226; alleged encroachment; public pathway; Government land; Tahsildar Sankarankoil Taluk; Tenkasi District; three months time limit; opportunity of hearing; WP(MD) 1097 of 2025; Madras High Court Madurai Bench; disposed of, no costs.

What did the court decide?

Writ petition disposed of with a direction to the concerned respondent to consider the petitioner's representation dated 17.10.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the 7th respondent and all other persons interested in the subject matter, within three months from the date of receipt of a copy of the order; no costs awarded. ¶40

L.Sankar Vs The Principal Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the 4th respondent (Tahsildar, Sankarankoil Taluk) to consider the petitioner's representation dated 17.10.2024 seeking removal of the alleged encroachment by the 6th respondent in the public pathway and Government lands.

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Court's answer

Whenever a representation of this nature is made to statutory authorities, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely; non-consideration of a representation amounts to dereliction of duty, justifying invocation of the Court's extraordinary powers under Article 226 to direct consideration within a stipulated time.

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Ratio / Principle

A direction was issued to the concerned respondent to consider the petitioner's representation dated 17.10.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the 7th respondent and all other persons interested in the subject matter.

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Key takeaways

The consideration and passing of orders pursuant to the representation were to be completed within a period of three months from the date of receipt of a copy of the order.ratio¶39
The Court expressly clarified that it had not expressed any view on the merits of the matter, leaving it open to the concerned respondents to consider the same on its own merits; the question of merits was left open.obiter¶39

Detailed headnote1 paragraphs

MADURAI BENCH OF MADRAS HIGH COURT (M.S. Ramesh & A.D. Maria Clete, JJ.; order by M.S. Ramesh, J.) - WP(MD). No.1097 of 2025 - decided 10.01.2025 - Writ petition under Article 226 seeking mandamus to direct the 4th respondent (Tahsildar, Sankarankoil Taluk) to consider the petitioner's representation dated 17.10.2024 for removal of alleged encroachment by the 6th respondent in a public pathway and Government lands. HELD: whenever a representation of this nature is made to statutory authorities, there is a duty to consider it on its own merits and pass appropriate orders instead of keeping it pending indefinitely; non-consideration amounts to dereliction of duty and justifies invoking Article 226 to direct consideration within a stipulated time. Writ petition disposed of with a direction to consider the representation and pass orders in accordance with law, after giving due opportunity to the petitioner, the 7th respondent and all interested persons, within three months from receipt of a copy of the order. The Court expressed no opinion on the merits. No costs. Notice to the 6th respondent dispensed with.

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WP(MD). No.1097 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE

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WP(MD). No.1097 of 2025

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L.Sankar ... Petitioner

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The Principal Secretary, Commission of Land Administration, Chepauk, Chennai - 600 005..

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The District Collector, Tenkasi District, Tenkasi..

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The Revenue Divisional Officer, Sankarankoil Division, Tenkasi District..

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The Tahsildar, Sankarankoil Taluk, Tenkasi District..

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The President, Kalappakakulam Panchayat, Kalappakulam, Tenkasi..

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.1097 of 2025

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Thikvijayan @ Immanuel ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 4^th respondent to consider the petitioner's representation dated 17.10.2024.

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For Petitioner : Mr.S.Suresh Manickam For Respondents : Mr.S.Shaji Bino for R1 to R4 Spl. Government Pleader Mr.J,Ashok for R5

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ORDER

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(Order of the Court was made by M.S.RAMESH,J.)

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By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

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Since no adverse orders are going to be passed against the

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respondent No.6, notice to the 6^th respondent is dispensed with.

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The writ petition has been filed for a direction to the 4^th respondent to consider the petitioner's representation dated 17.10.2024.

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.1097 of 2025

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In order to remove the alleged encroachment said to have been

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made by the 6^th respondent in the public pathway and in the Government lands, the petitioner has given a representation to the official respondents on 17.10.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.

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It is needless to point out that whenever a representation of this

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nature is made to Statutory Authorities, there is a duty cast upon them 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.

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In the light of the above observations, there shall be a direction to the concerned respondent to consider the petitioner's representation dated 17.10.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.1097 of 2025

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the 7 th

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the 7^th respondent as well as all other persons, who may be interested in

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the subject matter, within a period of three 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.

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