SHAMSHATH BEGUM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By consent of both the parties, this writ petition is taken up for final disposal.

(2.) The petitioner herein had given a representation to the respondents on 13/5/2022 seeking to reclassify the land in S.No.109/7, Marudavallipuram, Thozhudavur Village, Tiruttani Taluk, Tiruvallur District from Kuttai and Salai Poramboke to Patta land and to issue patta based on the proceedings of the Tahsildar dtd. 14/11/2000 and report of the Revenue Inspector dtd. 7/2/2022 and until the said representation is considered, not to initiate action pursuant to the notice dtd. 6/12/2021 issued under Sec. 6 of the Tamilnadu Land Encroachment Act, 1905, in respect of the said survey number. Since the said representation was not considered, the present writ petition has been filed.

(3.) 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 the respondents 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 Constitution of India and direct them to consider the same within a stipulated time.