S.Sivaraj v. The Tamil Nadu State Information Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 1251 of 2023 S. Sivaraj ... Petitioner -vsThe Tamil Nadu State Information Commissioner Rep. By its Assistant Registrar, No.2, Sir Theagarayar Salar, Teynampet, Chennai 600 018.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent Commission to dispose of the petitioner's complaints dated 18.11.2015 in S.A.No.26010/D/2014, dated 29.08.2016 in S.A.No.2552/D/2016, dated 26.08.2016 in S.A.No.2755/D/2016, dated 09.06.2017 in S.A.No.2549/B/2016, dated 29.09.2018 in S.A.No.2353, 2426/D/2018, dated 12.07.2019 in S.A.No.4921/D/2018, dated 16.08.2019 in S.A.No.5558/D/2018, dated 31.12.2019 in S.A.No.8004/D/2018, dated 13.01.2021 in S.A.No.8343/F/2018 , dated 15.03.2021 in S.A.No.7948/F/2020, dated 05.08.2021 in S.A.No.1408/F/2021 and S.A.No.6103/F/2021, dated 26.08.2021 in S.A.No.1408/F/2021, dated 26.08.2021 in S.A.No.6103/F/2021 filed under Section 18(1) of the Right to Information Act, 2005, within a stipulated time. 1/6

For Petitioner : Mr. A. Suresh Sakthi Murugan For Respondent : Mr. C.Vigneswaran, Standing Counsel

O R D E R

Heard Mr. A. Suresh Sakthi Murugan, Learned Counsel for the Petitioner and Mr. C.Vigneswaran, Learned Standing Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the Respondent to dispose of the complaints dated 18.11.2015 in S.A. No. 26010/D/2014, dated 29.08.2016 in S.A. No. 2552/D/2016, dated 26.08.2016 in S.A. No. 2755/D/ 2016, dated 09.06.2017 in S.A. No. 2549/B/2016, dated 29.09.2018 in S.A. No. 2353, 2426/D/2018, dated 12.07.2019 in S.A. No. 4921/D/2018, dated 16.08.2019 in S.A. No. 5558/D/2018, dated 31.12.2019 in S.A. No. 8004/D/ 2018, dated 13.01.2021 in S.A. No. 8343/F/2018, dated 15.03.2021 in S.A. No. 7948/F/2020, dated 05.08.2021 in S.A. No. 1408/F/2021 and S.A. No. 6103/F/2021, dated 26.08.2021 in S.A. No. 1408/F/2021, dated 26.08.2021 in S.A. No. 6103/F/2021 filed by the Petitioner under Section 18(1) of the 2/6

Right to Information Act, 2005.

3.

Learned Standing Counsel appearing for the Respondent, on instructions, states that the aforesaid Second Appeals filed by the Petitioner would be listed for hearing as per the chronological sequence of filing in due course. The said submission is placed on record.

4.

Having regard to the limited nature of relief sought in the Writ Petition, the Second Appeals in S.A. Nos. 26010/D/2014, 2552/D/2016, 2755/D/2016, 2549/B/2016, 2353, 2426/D/2018, 4921/D/2018, 5558/D/2018, 8004/D/2018, 8343/F/2018, 7948/F/2020, 1408/F/2021, 6103/F/2021, 1408/F/2021 and 6103/F/2021 shall be listed before the Respondent on 13.03.2024, who shall issue notice to the Petitioner and all other concerned parties to appear for that hearing without fail. If the Respondent is not in a position to take up the matter for hearing on that date, it shall inform to all parties concerned of the date of hearing to which it is adjourned in the prescribed manner. It shall be incumbent upon the Respondent to afford full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the 3/6

decision taken to them under written acknowledgment. shall attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and extend their co-operation for the expeditious disposal of the matter and there shall be atleast one effective hearings every month showing progress of the matter. It shall be incumbent upon the Respondent to afford full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

20.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 07.02.2024.

gsa To The Assistant Registrar, The Tamil Nadu State Information Commissioner No.2, Sir Theagarayar Salar, 4/6

Teynampet, Chennai 600 018.

5/6

P.D. AUDIKESAVALU, J.

gsa W.P. No. 1251 of 2023 20.12.2023 6/6