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Madras High CourtWP/7861/2024disposed of

M.Ananda Babu v. Information Commissioner

2024-03-25Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

1. M.Ananda Babu

2. M.Jayakumar ... Petitioners -vs1. The Information Commissioner (Second Appellate), Tamil Nadu State Information Commission, Nandanam, Chennai - 600 035.

2. The Assistant Director, Public Information Officer Appellate, Survey and Land Records Department, Collectorate, Chennai - 600 001.

3. The Public Information Officer, Survey and Land Records Department, Collectorate, Chennai - 600 001.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to provide information as per representation dated 07.08.2023 under the Right to Information Act.

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For Petitioner :

No appearance For Respondents :

Mr. C.Vigneswaran, Standing Counsel (for R1) Mr. S.J.Mohamed Sathik,.

Government Advocate (for R2 & R3)

O R D E R

Heard 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 and Third Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.

There is no representation for the Petitioners when the matter is called at 10.30 a.m. and 2.40 p.m. today.

3.

It is informed by Learned Standing Counsel appearing for the First Respondent that though the Petitioners have sought for certain information in this Writ Petition, they have also filed Second Appeal in S.A. No. 17801 of 2023 before the First Respondent and that the same would be listed for hearing as per the chronological sequence of filing in due course. The said submission is placed on record.

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4.

Having regard to the limited nature of relief sought in the Writ Petition, the Second Appeal in S.A. No. 17801 of 2023 shall be listed before the First Respondent on 24.04.2024. 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 Petitioners and the Second and Third 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.

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

25.03.2024 2/2 Index: Yes/No NCC: Yes/No Note: Issue order copy by 01.04.2024.

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To

1. The Information Commissioner (Second Appellate), Tamil Nadu State Information Commission, Nandanam, Chennai - 600 035.

2. The Assistant Director, Public Information Officer Appellate, Survey and Land Records Department, Collectorate, Chennai - 600 001.

3. The Public Information Officer, Survey and Land Records Department, Collectorate, Chennai - 600 001.

Copy to

1. M.Ananda Babu, No. 12/44, Krishna Moorthy Salai, Erukancherry, Chennai - 600 118.

2. M.Jayakumar, No. 12/44, Krishna Moorthy Salai, Erukancherry, Chennai - 600 118.

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P.D. AUDIKESAVALU, J.

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