Devarasu v. The Information Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH W.P.No.19113 of 2021 Devarasu

...Petitioner

-Vs1. The Information Commissioner, Under the Right to Information Government of Tamil Nadu Chennai - 18.

2. The Revenue Divisional Officer, Cuddalore Revenue Divisional

3. The Information Officer Cuddalore Revenue Divisional Office

4. The Tahsildar, Panruti Taluk Office, Panruti,

5. The Information Officer Panruti Taluk Officer Panruti

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to award compensation for the delayed reply of more than one and half years from the date the petitioner application dated 11.03.2015 and 12 days delay even after the order passed by the 1st respondent against the Respondents 2 to 4 herein by considering the petitioner appeal dated 17.07.2015 under the Right to Information Act 2005. For Petitioner : Mr.V.Neethithurai For Respondents : Mr.S.Arumugham, Government Counsel

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein seeks for a direction to the first respondent to award compensation for the delayed reply to his application dated 11.03.2015 filed under the provisions of the Right to Information Act.

3. The alleged delay and the reasons for the delay, if any, are factual aspects which requires to be considered by the authority under the Act and this Court will not be justified in addressing such factual aspects. However, if the first respondent is given liberty to consider the petitioner's grievances, the ends of justice could be secured.

4. In the light of the above observation, the petitioner herein is granted liberty to give a representation to the first respondent ventilating his grievances and on receipt of such a representation, the first respondent shall consider the same on its own merits and pass appropriate orders in accordance with law, within a period of 30 days from the date of receipt of the representation.

5. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar hvk To

1. The Information Commissioner, Under the Right to Information Government of Tamil Nadu Chennai - 18.

2. The Revenue Divisional Officer, Cuddalore Revenue Divisional

3. The Information Officer Cuddalore Revenue Divisional Office

4. The Tahsildar, Panruti Taluk Office, Panruti,

5. The Information Officer Panruti Taluk Officer Panruti +1CC to Mr.V.Neethidurai, Advocate, Sr.No.46411 +1CC to Mr.Government Pleader, Sr.No.46899 W.P.No.19113 of 2021 RR (CO) K.RK. (06.10.2021)