Petitioner sought mandamus directing officials to remove an encroachment by a private respondent on a public street. The court directed respondents 1 to 5 to consider his representation dated 28.08.2024 and pass orders within three months, without expressing views on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.154 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD)No.154 of 2025
M.Nallathambi
: Petitioner
Vs.
1.The District Collector,
Office of Kanniyakumari District Collectorate,
Nagercoil,
Kanniyakumari District – 629 001.
Office of Jurisdictional Divisional Monitoring Committee,
Kanniyakumari District – 629 001.
Office of Block Development Officer,
Thovalai Taluk,
Boodhapoondi,
Kanniyakumari – 629 852.
1/7
W.P.(MD)No.154 of 2025
Office of Tasildhar, Thovalai Taluk, Boodhapoondi,
Kanniyakumari – 629 852.
5.The Executive Officer, Aralvaimozhi Town Panchayat, Aralvaimozhi, P.O., Kanniyakumari District – 629 301.
6.Robinson : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the sixth respondent in Sundhersingh Gramani Street alias Church Street, by constructing a staircase in front of his house, situated at Door No.12/67, Sundhersingh Gramani Street alias Church Street, Mission Compound, Aralvaimozhi P.O, Kanniyakumari District – 629 301, based on the petitioner's representation dated 28.08.2024.
2/7
W.P.(MD)No.154 of 2025
For Petitioner : Mr.S.Karunakar For Respondents 1 to 4 : Mr.S.Shaji Bino Special Government Pleader
**O R D E R **************
[ Order of the Court was made by M.S.RAMESH, J.]
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. This writ petition has been filed for a Mandamus to direct the respondents 1 to 5 to remove the encroachment made by the sixth respondent in Sundhersingh Gramani Street alias Church Street, by constructing a staircase in front of his house, situated at Door No.12/67, Sundhersingh Gramani Street alias Church Street, Mission Compound, Aralvaimozhi P.O, Kanniyakumari District – 629 301, based on the petitioner's representation dated 28.08.2024.
3. Since this Court is directing the respondents 1 to 5 to consider the petitioner's representations, after giving due opportunity to
W.P.(MD)No.154 of 2025
the private respondent herein, notice to the private respondent is hereby dispensed with.
4. The petitioner herein had given representation to the official respondents on 28.08.2024 , in this regard. Since the said representation was not considered, the present writ petition has been filed.
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 him 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.
6. In the light of the above observations, there shall be a direction to the respondents 1 to 5 to consider the petitioner's representation dated 28.08.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the https://www.mhc.tn.gov.in/judis 4/7
W.P.(MD)No.154 of 2025
petitioner herein and the sixth respondent, as well as all other persons, who may be interested in the subject property, within a period of three [3] 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.
7. With the above direction, this Writ Petition stands disposed
of. There shall be no order as to costs.
07.01.2025
Neutral Citation : Yes/No Index : Yes/No Internet : Yes/No MR
W.P.(MD)No.154 of 2025
To
Office of Kanniyakumari District Collectorate, Nagercoil,
Kanniyakumari District – 629 001.
2.The Revenue Divisional Officer, Office of Jurisdictional Divisional Monitoring Committee, Kanniyakumari District – 629 001.
3.The Block Development Officer, Office of Block Development Officer, Thovalai Taluk, Boodhapoondi, Kanniyakumari – 629 852.
Office of Tasildhar, Thovalai Taluk, Boodhapoondi,
Kanniyakumari – 629 852.
5.The Executive Officer, Aralvaimozhi Town Panchayat, Aralvaimozhi, P.O., Kanniyakumari District – 629 301.
6/7
W.P.(MD)No.154 of 2025
M.S.RAMESH, J. and A.D.MARIA CLETE, J.
MR
ORDER MADE IN W.P.(MD)No.154 of 2025
07.01.2025
1 issue framed by the court
Whether the authorities must consider the petitioner's representation seeking removal of the sixth respondent's staircase encroachment on a public street.
1 provisions across 1 enactments
M.Nallathambi
The District Collector, Kanniyakumari District
The Revenue Divisional Officer, Kanniyakumari District
The Block Development Officer, Thovalai Taluk
The Tahsildar, Thovalai Taluk
Robinson
M.S.Ramesh
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
