T.Retna Pandian v. The State Information Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.5426 of 2021 T.Retna Pandian ... Petitioner -vs1. The State Information Commissioner, Tamil Nadu Information Commission, No.2, Theagaraya Salai, Near Aalai Amman Koil, Teynampet, Chennai - 600 018.

2. The Public Information Officer, The Collectorate, Kancheepuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent Commissioner of State Information Commission to consider the representation submitted by the petitioner dated 2.11.2020 seeking immediate action against the second respondent Public Information Officer of Kancheepuram District under both Sections 20 (1) and 20 (2) of Right to Information Act, 2005, on merits, within a stipulated time. For Petitioner : Mr.P.T.Perumal For Respondents: Mr.Niranjan Rajagopal, (for R1) Mr.M.Elumalai, (for R2) Additional Government Pleader

O R D E R

This Writ Petition is filed, seeking a direction to the 1st respondent namely the Commissioner of State Information Commission to consider the representation submitted by the petitioner, dated 02.11.2020 seeking immediate action against the 2nd respondent, Public Information Officer of Kancheepuram District under Sections 20 (1) and 20 (2) of Right to Information Act, 2005.

2. When the matter is taken up for hearing, it is represented by the counsel on either side that the proceedings have already been initiated against the 2nd respondent, as requested by the petitioner. However, according to the https://hcservices.ecourts.gov.in/hcservices/

petitioner, no final decision has been taken.

3. According to the 1st respondent / Tamil Nadu State Information Commission, after issuance of notice to the respective parties, a detailed enquiry will be conducted and thereafter a final decision will be taken on the representation, after affording an opportunity of hearing to the parties concerned. The decision taken will be duly communicated to the aggrieved party.

4. Considering the fact that the proceedings have already been commenced by the Commission, a direction is issued to the Tamil Nadu State Information Commission to take a decision at the earliest point of time, after hearing all the parties concerned.

5. The Writ petition is closed with the above observation. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vum To

1. The State Information Commissioner, Tamil Nadu Information Commission, No.2, Theagaraya Salai, Near Aalai Amman Koil, Teynampet, Chennai - 600 018.

2. The Public Information Officer, The Collectorate, Kancheepuram District.

+1cc to Mr.P.T.Perumal, Advocate, S.R.No. 24157 W.P.No.5426 of 2021 SS(CO) GN(07/07/2021) https://hcservices.ecourts.gov.in/hcservices/