The Registrar I/C v. The Assistant Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.No.1 of 2015 The Registrar I/C The Tamil Nadu Dr.Ambedkar Law University, Poompozhi, No.5, Dr.D.G.S. Dhinakaran Salai, Chennai - 600 028.

...Petitioner

Vs.

1.The Assistant Registrar, Tamil Nadu Information Commission, No.2, Theyagarayar Salai, Near Alaiamman Koil, Teynampet, Chennai - 600 018.

2.The Public Information Officer (P.I.O) The Tamil Nadu Dr.Ambedkar Law University, No.5, Dr.D.G.S. Dhinakaran Salai, Chennai - 600 028.

3.Mr.W.Paulrathinakumar ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records in Order No. S.A.11023/D/2015 dated 02.09.2015 on the file of the 1st respondent and quash the same as illegal, arbitrary and against law. 1/5

For Petitioner : Mr.J.Saravana Vel For R1 : Mr.Niranjan Rajagopalan For M/s.G.R. Associates For R2 & R3 : Not ready in notice

ORDER

The order passed by the 1st respondent / Tamil Nadu Information Commission in proceedings dated 02.09.2015 is sought to be quashed in the present writ petition.

2. The petitioner is a registered in-charge of the Tamil Nadu Dr.Ambedkar Law University, filed the writ petition mainly on the ground that the defense taken by the petitioner has not been considered by the Tamil Nadu Information Commission, while passing the order impugned.

3. Perusal of the order impugned reveals that it is cryptic and unreasoned. Thus, this Court is of the considered opinion that the 1st respondent / Tamil Nadu Information Commission has to consider all the grounds raised by the petitioner, adjudicate the issues and pass orders on merits.

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4. In view of the facts and circumstances, the order impugned passed by the 1st respondent in Order No. S.A.11023/D/2015 dated 02.09.2015 is quashed and the matter is remanded back to the 1st respondent / Tamil Nadu Information Commission for fresh adjudication and to pass final orders on merits and in accordance with law by affording opportunity to all the parties concerned.

5. Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 10.04.2023 Index : Yes Speaking order kak To 1.The Assistant Registrar, Tamil Nadu Information Commission, No.2, Theyagarayar Salai, Near Alaiamman Koil, Teynampet, Chennai - 600 018.

2.The Public Information Officer (P.I.O) The Tamil Nadu Dr.Ambedkar Law University, 3/5

No.5, Dr.D.G.S. Dhinakaran Salai, Chennai - 600 028.

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S.M.SUBRAMANIAM, J.

kak 10.04.2023 5/5