M.Bose Vs The District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 26.10.2024 and consequently direct the respondents to make necessary action to evict the encroachment made by the private parties in the Government land (public cartway) within the time stipulated by this Court.

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W.P.(MD).No.31004 of 2024

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For Petitioner : Mr.S.Vickram For R-1 to R-3 : Mr.S.Shaji Bino Special Government Pleader For R-4 : Mr.J.Ashok Additional Government Pleader

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ORDER

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

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This Writ Petition has been filed for a Mandamus, directing the respondents to consider the petitioner's representation dated 26.10.2024 and consequently, to direct the respondents to take necessary action to evict the encroachment made by the private parties in the Government land (public pathway) within the time stipulated by this Court.

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The petitioner herein had given a representation to the respondents on 26.10.2024 to remove the encroachments made by the private parties in the public pathway. Since the said representation was not considered, the present Writ Petition has been filed.

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W.P.(MD).No.31004 of 2024

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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.

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In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 26.10.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein, as well as all other persons, who may be interested in the subject matter, 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.

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W.P.(MD).No.31004 of 2024

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6. With the above direction, the Writ Petition stands disposed of. There

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shall be no order as to costs.

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(M.S.R.,J.) (A.D.M.C.,J.) 06.01.2025

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