Madras High Court
Mathiyazhagan vs The District Collector on 11 March, 2025
W.P.(MD).No.6424 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.6424 of 2025
Mathiyazhagan ... Petitioner
-vs-
1. The District Collector,
Sivagangai District,
Sivagangai.
2. The Executive Officer,
Sivagangai Municipality Office,
Sivagangai. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus seeking direction directing the 1st and 2nd
respondents herein to take necessary action upon petitioner's representation
dated 01.03.2025 and allot two shops as per tender cum public notification in
Na.Ka.No. 3041/2020/A1 dated 26.02.2025 published by the 2nd respondent
wherein mentioned in the special clause for preference to be given to the
existing lease holders and in the light of judgment in WP(MD).No.
15044/2021 dated 15.06.2023.
For Petitioner : Mr.P.Venkatesan
For Respondents : Mr.K.S.Selvaganesan (R1)
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1/6
W.P.(MD).No.6424 of 2025
Additional Government Pleader
Mr.J.Lawrence (R2)
ORDER
This writ petition has been filed seeking a direction to the respondents
to take necessary action upon the petitioner's representation dated 01.03.2025
and allot two shops as per tender cum public notification in Na.Ka.No.
3041/2020/A1 dated 26.02.2025 published by the 2nd respondent, wherein it is
mentioned in the special clause that preference has to be given to the existing
lease holders and also in the light of judgment in WP(MD).No. 15044/2021
dated 15.06.2023.
2. By consent of both parties, this writ petition is disposed at the stage
of admission itself.
3. The petitioner made a representation dated 30.03.2025 to the second
respondent, with regard to allotment of two shops as per tender cum public
notification dated 26.02.2025 published by the 2nd respondent. Since the said
representation was not considered, the petitioner has filed the present Writ
Petition.
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4. 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 India and direct
them to consider the same within a stipulated time.
5. In the light of the above observations, there shall be a direction to the
second respondent to consider the petitioner's representation dated
30.03.2025, on its own merits and pass appropriate orders in accordance with
law, after giving due opportunity to the petitioner as well as all other persons,
who may be interested in the subject matter, within a period of two months
from the date of receipt of a copy of this order. It is also 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 respondents to consider the same on its own
merits.
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6. With the above observations and directions, the Writ Petition stands
disposed of. There shall be no order as to costs.
11.03.2025
NCC : Yes/No
Index : Yes / No
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TO:-
1. The District Collector,
Sivagangai District,
Sivagangai.
2. The Executive Officer,
Sivagangai Municipality Office,
Sivagangai.
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VIVEK KUMAR SINGH, J.
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Order made in
Dated:
11.03.2025
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