S.S.Thuraisingam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 1624 of 2023 S.S. Thuraisingam ... Petitioner -vs1. The Commissioner, Tamilnadu Information Commission, Formerly at Saidapet, now at Nandanam, Chennai 600 035.

2. The Appellate Authority, Rights Information Act 2005, O/o. Revenue Divisional Officer, Collectorate, Chennai 600 001.

3. The Public Information Officer, O/o. Competent Authority under T.N.PID Act 1997, O/o. District Revenue Officer, Collectorate, Chennai 600 001.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to consider the petitioner's application dated 28.07.2022 under Section 6(1) of the Right to Information Act 2005 and furnish the information as required by the petitioner.

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For Petitioner : Mr. R. Loganathan For Respondents : Mr. C.Vigneswaran, Standing Counsel (for R1) Mr. U. Baranidharan (for R2 and R3) Additional Government Pleader

O R D E R

Heard Mr. R.Loganathan, Learned Counsel for the Petitioner, Mr. C.Vigneswaran, Learned Standing Counsel appearing for the First Respondent and Mr. U. Baranidharan, Learned Additional Government Pleader appearing for the Second and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the Respondents to consider the application dated 28.07.2022 made by the Petitioner under Section 6(1) of the Right to Information Act, 2005, and furnish the information as required by him.

3.

Learned Standing Counsel appearing for the First Respondent, on instructions, states that the application made by the Petitioner has been taken on file as Second Appeal and that it would be listed for hearing as per the 2/4

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 Appeal shall be listed before the First Respondent on 13.03.2024. The Petitioner and the Second and Third Respondents shall appear for that hearing without fail. If the First 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 First 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.

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P.D. AUDIKESAVALU, J.

gsa To

1. The Commissioner, Tamilnadu Information Commission, Formerly at Saidapet, now at Nandanam, Chennai 600 035.

2. The Appellate Authority, Rights Information Act 2005, O/o. Revenue Divisional Officer, Collectorate, Chennai 600 001.

3. The Public Information Officer, O/o. Competent Authority under T.N.PID Act 1997, O/o. District Revenue Officer, Collectorate, Chennai 600 001.

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