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2020 DIGILAW 653 (TS)

Jmj Homes India Pvt Ltd. v. State Of Telangana

2020-09-01

T.VINOD KUMAR

body2020
JUDGMENT T Vinod Kumar, J. - The present writ petition is filed under Article 226 of the Constitution of India for issue of a Writ of Mandamus to declare the action of respondent Nos.1 & 2 in not taking any action on the complaint made by the petitioners on 26.08.2020, which it is claimed to have been sent by registered post as well as by e-mail, as being illegal and arbitrary. 2. The case is taken up for hearing today, i.e. 01.09.2020, through Video Conferencing. 3. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home appearing for the respondents 1 to 6. 4. In so far as the petitioner sending the complaint dated 26.08.2020 by e-mail to the respondents 1 & 2 is concerned, as no affidavit as required under the provisions of Section 65-B of Information Technology Act, 2000 having been filed along with the present writ petition, this court cannot take note of the same. In so far as the complaint being sent by registered post is concerned, no proof of service of the said complaint having been delivered to the authorities to whom it is addressed has been filed. Further, it is to be seen that the petitioner has deposed to the affidavit on 27.08.2020 alleging inaction on part of the respondent authorities in taking action on his complaint sent by registered post on 26.08.2020 (the previous day) and filed the present writ petition into the court by paying the court fee on 28.08.2020. 5. It is seen that even before the said letter/complaint stated to have been sent by the petitioners to the respondent Nos.2 & 3 by registered post, having been delivered, the present writ petition is filed alleging inaction on the part of the said authorities, which to this court appears to be with some oblique motive on part of the petitioners in approaching this Court. While the petitioner on one hand is alleging inaction on part of the respondent authorities taking action on his complaint by constituting committees as required to be done by virtue of the judgment rendered by this Court, on the other hand is feigning ignorance of provisions of Section 27 of the General Clauses Act, 1897, which stipulates that such service shall be deemed to be effected at the time at which the letter would be delivered in the ordinary course of post, unless intention to the contrary appears. Since, in the normal course the delivery of a registered post takes about 2 to 3 days, which in the present pandemic situation is likely to take further time, the petitioner could not have assumed delivery of the same the following day itself and in further assume inaction on part of the respondent authorities, to approach this court without even waiting for reasonable time. 6. Having regard to the above, this Court is of the view that the petitioners have approached this Court prematurely. Thus, for the said reason the writ petition is without merit and is accordingly dismissed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.