A.Nellaiappan v. State Information Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 3509 of 2019 A. Nellaiappan ... Petitioner -vs1. The State Information Commissioner, Tamil Nadu Information Commission, No. 2, Thiagaraya Salai, Teynampet, Chennai - 600 018.

2. The Joint Commissioner, First Appellate Authority, Hindu Religious and Charitable Endowment, Coimbatore District.

3. The Assistant Commissioner/Executive Officer, Arulmigu Vanabathira Kaliamman Thirukovil, Thekkampatty, Mettupalayam, Coimbatore District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the First Respondent in his proceedings S.A. No. 1833/A/2018 dated 22.10.2018 and quash the same and consequential direct the Respondents to provide the information as per the application dated 11.07.2017 under Right to Information Act.

For Petitioner :

Mr. Manikandan for Mr. J. Ramkumar For Respondents:

Mr. Niranjan Rajagopalan, Standing Counsel (for R1) Mr. R. Venkatesh, Government Advocate (for R2) Mr. Harinath Babu for Mr. R. Karthikeyan (for R3)

O R D E R

(through video conference) Heard Mr. Manikandan, Learned Counsel appearing for the Petitioner, Mr. Niranjan Rajagopalan, Learned Standing Counsel appearing for the First Respondent, Mr. R. Venatesh, Learned Government Advocate appearing for the Second Respondent and Mr. Harinath Babu, Learned Counsel appearing for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance sought to be ventilated by the Petitioner in this Writ Petition is that the Respondents had refused to furnish the information sought by him.

3.

This Court during the earlier hearing on 09.07.2020 had passed the following self-explanatory order:- "Learned Counsel appearing for the Third Respondent seeks time to file report giving particulars as to whether each of the items of the information sought by the Petitioner in his application dated 11.07.2017 had been furnished with supporting documents, and if not, explaining the reasons for the same in terms of the provisions of the Right to Information Act, 2005, before the next hearing.

Post the matter on 12.08.2020."

In furtherance thereto, Learned Counsel for the Third Respondent submitted that the information sought by the Petitioner has been furnished to him by letter Na. Ka. No. 88/2020/A2 dated 16.06.2020. He has also produced a copy of that letter along with postal acknowledgment card through e-mail dated 03.08.2020, which is placed on record. In view of the subsequent events, nothing remains for further consideration in this Writ Petition. It is made clear that if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his remedies before the proper forum in the manner recognized by law.

4.

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

-s/d- Assistant Registrar(CS-) True Copy Sub-Assistant Registrar

To

1. The State Information Commissioner, Tamil Nadu Information Commission, No. 2, Thiagaraya Salai, Teynampet, Chennai - 600 018.

2. The Joint Commissioner, First Appellate Authority, Hindu Religious and Charitable Endowment, Coimbatore District.

3. The Assistant Commissioner/Executive Officer, Arulmigu Vanabathira Kaliamman Thirukovil, Thekkampatty, Mettupalayam, Coimbatore District.

Krd 19/8 W.P. No. 3509 of 2019