K. Senthilkumar Vs The District Collector

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus thereby direct the 1 to 4 respondents to remove unlawful encroachments in government poramboke Cart track Comprised in Survey Number 472 of Appanallur Revenue Village Thottiyam Taluk, Trichy District made by the 5th and 6^th respondents based on the petitioner's representations dated 22.09.2023 and 18.09.2024.

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For Petitioner : Mr.A.Thirumalairaja For Respondents : Mr.S.Shaji Bino for R1 to R3 Special Government Pleader Mr.S.R.A.Ramachandran for R4 Additional Government Pleader

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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

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final disposal at the stage of admission itself.

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Since no adverse orders are going to be passed against the 5^th and 6^th respondent, notice to the 5^th and 6^th respondent is dispensed with.

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

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WP(MD). No.2330 of 2025

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The petitioner has filed this writ petition for a mandamus to direct the respondents 1 to 4 to remove unlawful encroachments in Government poramboke Cart track Comprised in Survey Number 472 of Appanallur Revenue Village Thottiyam Taluk, Trichy District made by the 5^th and 6^th respondents based on the petitioner's representations dated 22.09.2023 and 18.09.2024.

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In order to take remove the encroachment alleged to have been

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made in the aforesaid survey number, the petitioner has given a representation to the official respondents on 18.09.2024. 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 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

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

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WP(MD). No.2330 of 2025

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invoking its extraordinary powers under Article 226 of the Constitution

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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

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to the concerned respondent to consider the petitioner's representation dated 18.09.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondents as well as all other persons, who may be interested in 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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