V.Balasubramaniyam v. The Second Appellate Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 8-4-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.10136 of 2015 V.Balasubramaniyam .. Petitioner vs 1.The Second Appellate Authority/ The State Information Commissioner No.2, Thiyagaraya Street, Teynampet Chennai 600 018 2.The First Appellate Authority/ Commissioner Hindu Religious & Charitable Endowment Department Nungambakkam, Chennai 600 034 3.The Public Information Officer/Joint Commissioner Hindu Religious & Charitable Endowment Department Coimbatore 18 4.The Executive Officer Arulmighu Koniyamman Temple Big Bazaar Street, Coimbatore Taluk & District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to furnish the documentary evidence with reference to the information sought for in the application dated 23.8.

2014, of the petitioner under Serial Nos.2 and 3 by giving effect to the directions issued by the first respondent in Case No.40638/Maa.Tha.Aa/2014 dated 26.2.2015 fixing outer time limit. For Petitioner : Mr.S.Vijayan For Respondents : Mr.V.Subbiah Special Government Pleader for R1 Mr.M.L.

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The grievance expressed by the petitioner, is that lot of misdeeds had taken place in running the administration of Arulmighu Koniamman Temple, Coimbatore and since he being an ardent devotee, deprecates the same, and therefore, wanted information as to the spending of funds relating to the affairs of the said temple and also the relevant documents. However, the second respondent has furnished the information only and not the documents and in this regard, he has filed a second appeal before the first respondent and it has not been disposed of and therefore, came forward to file this writ petition, praying for appropriate direction to the first respondent to furnish the documentary evidence with regard to the spending of funds in connection with the affairs of the temple.

3.Heard the learned Counsel appearing for the petitioner, and Mr.V.Subbiah, learned Special Government Pleader, who accepted notice on behalf of the first respondent, and Mr.M.L.Mahendran, learned Government Advocate, who accepted notice for the respondents 2 to 4.

4.This Court, without going into the merits of the claim projected by the petitioner, is of the view that it would suffice to direct the first respondent to dispose of the second appeal dated 7.11.2014.

5.In the result, the writ petition is disposed of, and the first respondent is directed to dispose of the second appeal preferred by the petitioner dated 7.11.2014, pending on his file, as expeditiously as possible. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsv To:

1.The Second Appellate Authority/ The State Information Commissioner No.2, Thiyagaraya Street, Teynampet Chennai 600 018 2.The First Appellate Authority/ Commissioner Hindu Religious & Charitable Endowment Department Nungambakkam, Chennai 600 034 3.The Public Information Officer/Joint Commissioner Hindu Religious & Charitable Endowment Department Coimbatore 18

4.The Executive Officer Arulmighu Koniyamman Temple Big Bazaar Street, Coimbatore Taluk & District + 2 ccs to Mr. S. Vijayan, Advocate SR.19847 & 19431 + 1 cc Government Pleader Sr.19476 CNR(CO) EU 24 .04.2015 W.P.No.10136 of 2015