W.P.(MD)No.2706 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.01.2025 CORAM: THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.2706 of 2025 S.Mani : Petitioner Vs. 1.The District Collector / Monitoring Committee, Sivagangai District, Sivagangai. 2.The Tahsildar / Taluk Committee, Thiruppathur Taluk, Sivagangai District. 3.The Village Administrative Officer, South Ilayathankudi Group, Thiruppathur Taluk, Sivagangai District. 4.Bose 5.R.Perumal : Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2706 of 2025 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachment made by the respondents 4 & 5 in land classified as “Pathway ansd Alley” as per revenue records in survey Nos.29/6 and 451/2 at Chandranpatti, Ilayathangudi Post, Thiruppathur Taluk, Sivagangai District based on the petitioner's representation dated 08.08.2024. For Petitioner : Mr.A.Banumathy For Respondents 1 to 3 : Mr.S.R.A.Ramachandran Additional 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 3 herein to remove the encroachment made by the respondents 4 & 5 in land classified as “Pathway and Alley” as per revenue records in Survey Nos.29/6 and 451/2 at Chandranpatti, Ilayathangudi Post, Thiruppathur Taluk, Sivagangai District, based on the petitioner's representation dated 08.08.2024. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2706 of 2025 3.Since this Court is directing the respondents 1 to 3 to consider the petitioner's representation, after giving due opportunity to the private respondents herein, notice to the private respondents is hereby dispensed with. 4.The petitioner herein had given representation to the official respondents on 08.08.2024, 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. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2706 of 2025 6.In the light of the above observations, there shall be a direction to the respondents 1 to 3 to consider the petitioner's representation dated 08.08.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the respondents 4 & 5, 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. [M.S.R.,J.] & [A.D.M.C.,J.] 30.01.2025 Neutral Citation : Yes/No Index : Yes/No Internet : Yes/No MR 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2706 of 2025 To 1.The District Collector / Monitoring Committee, Sivagangai District, Sivagangai. 2.The Tahsildar / Taluk Committee, Thiruppathur Taluk, Sivagangai District. 3.The Village Administrative Officer, South Ilayathankudi Group, Thiruppathur Taluk, Sivagangai District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2706 of 2025 M.S.RAMESH, J. and A.D.MARIA CLETE, J. MR ORDER MADE IN W.P.(MD)No.2706 of 2025 30.01.2025 6/6 https://www.mhc.tn.gov.in/judis