K.Sumathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Sumathi .. Petitioner vs 1.The District Collector, Coimbatore District, Coimbatore.

2.The Assistant Director of Town Panchayats, Coimbatore Zone, Coimbatore.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider and pass orders on petitioner representation dated 1.12.2023.

For the Petitioner : Dr.C.Ravichandran for Mr.S.B.Viswanathan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Dr.C.Ravichandran, learned counsel for Mr.S.B.Viswanathan, learned counsel for the petitioner; and, Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.T.K.Saravanan, learned Government Advocate for the respondents.

2. It appears that the petitioner is habitually filing writ petitions.

3. Earlier, the petitioner had filed W.P.No.33259 of 2023 seeking directions against the third respondent therein to restore the land, on which the building was constructed and demolished at Door No.16, Athappa Gounden Pudur Road, Irugur and to pay compensation of Rs.10.00 lakh towards damages.

4. This Court, under order dated 27.11.2023, dismissed W.P.No.33259 of 2023 as withdrawn giving liberty to the petitioner to approach the appropriate authority by way of filing a representation. This Court also directed that, if any representation is made by the

petitioner, the same shall be considered by the concerned authority on merits. The petitioner, thereafter, filed the representation on 1.12.2023 and, within a period of two months, filed the instant writ petition seeking directions to decide the representation dated 1.12.2023.

5. We can understand that, if for an unreasonable period the representation is not decided, then the petitioner can approach this Court invoking the writ jurisdiction under Article 226 of the Constitution of India. However, the writ jurisdiction cannot be invoked for the asking. The petitioner ought to wait for a reasonable time.

6. In the light of that, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 07.02.2024 Index :

Yes/No :

Yes/No bbr

To 1.The District Collector, Coimbatore District, Coimbatore.

2.The Assistant Director of Town Panchayats, Coimbatore Zone, Coimbatore.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 07.02.2024