M.Velmurugan v. The Tamil Nadu Information Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M.Velmurugan ... Petitioner -vs1. The Tamil Nadu Information Commission, Second Appeal Authority of RTI, No. 2, Theagaraya Salai, Near Alaiyamman Kovil, Teynampet, Chennai - 600 018.

2. The District Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai - 600 001.

3. The District Revenue Officer, O/o. the District Revenue Officer, 5698+W53, Gandhi Main Road, Balaji Nagar, Puzhal, Chennai - 600 066.

4. The Special Tahsildar, O/o. the Taluk Office, Urban Planning Department, Madhavaram Taluk, Gandhi Main Road, Balaji Nagar, Puzhal, Chennai - 600 066.

... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to speedy disposal of the Petitioner RTI second appeal application in RTI Second Appeal No. 13375 of 2023 dated 25.07.2023.

For Petitioner :

Mr. R.Arunkumar For Respondents :

Mr. C.Vigneswaran, Standing Counsel (for R1) Mr. S.J.Mohamed Sathik, Government Advocate (for R2 to R4)

O R D E R

Heard Mr. R.Arunkumar, Learned Counsel for the Petitioner, Mr. C.Vigneswaran, Learned Standing Counsel, who takes notice for the First Respondent, and Mr. S.J.Mohamed Sathik, Learned Government Advocate, who takes notice for the Second to Fourth 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 First Respondent to consider the second appeal in S.A. No. 13375 of 2023 dated 25.07.2023 filed 2/6

by the Petitioner under Section 19(3) of the Right to Information Act, 2005, before the First Respondent.

3.

Learned Standing Counsel appearing for the First Respondent, on instructions, states that the aforesaid Second Appeal 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.

In view of the same, the second appeal in S.A. No. 13375 of 2023 shall be listed before the First Respondent on 05.06.2024. 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. The Petitioner and the Second to Fourth Respondents shall appear for the said hearings without fail. 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.

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

23.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 06.05.2024.

vjt To

1. The Tamil Nadu Information Commission, Second Appeal Authority of RTI, No. 2, Theagaraya Salai, Near Alaiyamman Kovil, Teynampet, Chennai - 600 018.

2. The District Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai - 600 001.

3. The District Revenue Officer, O/o. the District Revenue Officer, 5698+W53, Gandhi Main Road, Balaji Nagar, Puzhal, Chennai - 600 066.

4. The Special Tahsildar, O/o. the Taluk Office, Urban Planning Department, Madhavaram Taluk, Gandhi Main Road, Balaji Nagar, Puzhal, Chennai - 600 066.

4/6

Copy to M.Velmurugan, S/o. Late E.Munusamy, No. 132-132/98, Preumal Koil Street, Madhavaram, Chennai - 600 060.

5/6

P.D. AUDIKESAVALU, J.

vjt 23.02.2024 6/6