Jaffar Sadiq Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Jaffar Sadiq Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to respondents 1 to 4 to consider the petitioner's representation dated 25.11.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, respondents 5 to 7 and other interested persons, within three [3] months from receipt of a copy of the order; no order as to costs.

Issue for consideration

Whether the official respondents 1 to 4 can be compelled by a writ of Mandamus to consider the petitioner's representation dated 25.11.2024 seeking removal of encroachments allegedly made by respondents 5 to 7 on Survey Nos.42/1 and 42/2 of Puliyanthoppu Village, Thanjavur Taluk, classified as 'Vandipathai' and 'Anatheenam'.

Court's answer

Whenever a representation of this nature is made to a statutory authority, there is a duty cast upon it 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 the representation amounts to dereliction of duty, justifying invocation of extraordinary powers under Article 226 to direct consideration within a stipulated time.

Ratio / Principle

Direction issued to respondents 1 to 4 to consider the petitioner's representation dated 25.11.2024 on its own merits and pass appropriate orders in accordance with law.

Key takeaways

In considering the representation, due opportunity must be given to the petitioner, respondents 5 to 7 and all other persons interested in the subject property, and the exercise must be completed within a period of three [3] months from the date of receipt of a copy of the order.ratio¶41
Since the Court is directing respondents 1 to 4 to consider the representation after giving due opportunity to the private respondents, formal notice to the private respondents (5 to 7) is dispensed with.ratio¶35
The Court expressly clarified that it has not expressed any views on the merits of the matter and it remains open to the concerned respondents to consider the representation on its own merits.

Detailed headnote1 paragraphs

Mandamus – Consideration of representation – Duty of statutory authority – Encroachment on 'Vandipathai' and 'Anatheenam' land – Petitioner Jaffar Sadiq had represented on 25.11.2024 to the official respondents (District Collector, Revenue Divisional Officer, Tahsildar and Assistant Superintendent Engineer, Highway Department, Thanjavur) seeking removal of encroachments allegedly made by private respondents 5 to 7 (Sarasu, Nallammal, Muruganantham) on Survey Nos.42/1 and 42/2, Puliyanthoppu Village, Thanjavur Taluk; the representation was not considered – Whenever such a representation is made to a statutory authority, there is a duty cast upon it to consider the same on its own merits and pass appropriate orders instead of keeping it pending indefinitely; non-consideration amounts to dereliction of duty, warranting invocation of extraordinary powers under Article 226 – Direction issued to respondents 1 to 4 to consider the representation on its own merits and pass appropriate orders in accordance with law, giving due opportunity to the petitioner, respondents 5 to 7 and all interested persons, within three [3] months of receipt of a copy of the order – Court expressly did not express any view on the merits – Notice to private respondents dispensed with – Writ petition disposed of; no costs.

W.P.(MD)No.1894 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH

and

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

W.P.(MD)No.1894 of 2025

Jaffar Sadiq : Petitioner

Vs.

1.The District Collector,

Office of the Collectorate,

Thanjavur District.

2.The Revenue Divisional Officer,

Office of the Revenue Divisional Offier,

Thanjavur District.

3.The Tahsildar,

Office of the Tahsildar,

Thanjavur District.

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W.P.(MD)No.1894 of 2025

4.The Assistant Superintendent Engineer, Highway Department, Old Collectorate Office, Thanjavur District.

5.Sarasu 6.Nallammal 7.Muruganantham : Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 herein to remove the encroachment made by the 5^th to 7^th respondents comprised in Survey No.42/1, 42/2 situated at Puliyanthoppu Village, Thanjavur Taluk, Thanjavur District classified as “Vandipathai” and “Anatheenam” and restore the said Vandipathai for the effective usage of villagers to freely access the Vandipathai by considering the petitioner's representation dated 25.11.2024.

For Petitioner : Mr.K.M.Karunakaran

For Respondents 1 to 4 : Mr.J.Ashok

Additional Government Pleader

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W.P.(MD)No.1894 of 2025

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 4 herein to remove the encroachment made by the 5^th to 7^th respondents comprised in Survey No.42/1, 42/2 situated at Puliyanthoppu Village, Thanjavur Taluk, Thanjavur District classified as “Vandipathai” and “Anatheenam” and to restore the said Vandipathai for the effective usage of villagers to freely access the Vandipathai by considering the petitioner's representation dated 25.11.2024.

3. Since this Court is directing the respondents 1 to 4 to consider the petitioner's representation, after giving due opportunity to the private respondents herein, notice to the private respondents is hereby dispensed with.

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W.P.(MD)No.1894 of 2025

4. The petitioner herein had given representation to the official respondents on 25.11.2024, for removal of the alleged encroachments. 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 4 to consider the petitioner's representation dated 25.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the respondents 5 to 7, as well as all other persons, who may be interested in the subject property, within a period of three [3]

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W.P.(MD)No.1894 of 2025

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.

[M.S.R.,J.] & [A.D.M.C.,J.]

23.01.2025

Neutral Citation : Yes/No Index : Yes/No Internet : Yes/No MR

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W.P.(MD)No.1894 of 2025

To

1.The District Collector,

Office of the Collectorate, Thanjavur District.

2.The Revenue Divisional Officer,

Office of the Revenue Divisional Offier,

Thanjavur District.

3.The Tahsildar,

Office of the Tahsildar,

Thanjavur District.

4.The Assistant Superintendent Engineer, Highway Department,

Old Collectorate Office,

Thanjavur District.

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W.P.(MD)No.1894 of 2025

M.S.RAMESH, J. and A.D.MARIA CLETE, J.

MR

ORDER MADE IN W.P.(MD)No.1894 of 2025

23.01.2025

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