Senthilkumar v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Senthilkumar ... Petitioner -vs1. The Government of Tamil Nadu, Represented by its Secretary, Department of School Education, Secretariat, Chennai.

2. The Director, School Education Department, College Road, Chennai.

3. The Teachers Recruitment Board, Represented by its Member Secretary, E.V.K.Sampath Maligai, Nungappakkam, Chennai.

4. The Commissioner, Tamil Nadu State Information Commission, Saidapet, Chennai.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Fourth Respondent to furnish the information under the Right to Information Act in the appeal SA. No. 21334 dated 11.01.2023 filed by the Petitioner. 1/5

For Petitioner :

Mr. S.Muthukrishnan For Respondents :

Mr. E.Veda Bagath Singh, Special Government Pleader (for R1 & R2) Mr. C.Kathiravan (for R3) Mr. C.Vigneswaran, Standing Counsel (for R4)

O R D E R

Heard Mr. S.Muthukrishnan, Learned Counsel for the Petitioner, Mr. E.Veda Bagath Singh, Learned Special Government Pleader appearing for the First and Second Respondents, Mr. C.Kathiravan, Learned Counsel for the Third Respondent and Mr. C.Vigneswaran, Learned Standing Counsel appearing for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the Fourth Respondent to furnish the information by the Petitioner in the appeal SA. No. 21334 dated 11.01.2023 under the Right to Information Act, 2005, filed by the Petitioner. 2/5

3.

Learned Standing Counsel appearing for the Fourth 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.

Having regard to the limited nature of relief sought in the Writ Petition, the Second Appeal in S.A. No. 21334 shall be listed before the Fourth Respondent on 11.01.2023. The Petitioner and other concerned persons shall appear for that hearing without fail. If the Fourth 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 Fourth 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.

20.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 07.02.2024.

vjt To

1. The Secretary to Government of Tamil Nadu, Department of School Education, Secretariat, Chennai.

2. The Director, School Education Department, College Road, Chennai.

3. The Teachers Recruitment Board, Represented by its Member Secretary, E.V.K.Sampath Maligai, Nungappakkam, Chennai.

4. The Commissioner, Tamil Nadu State Information Commission, Saidapet, Chennai.

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P.D. AUDIKESAVALU, J.

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