J.Rubancharles v. The Thasildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2023 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Review Application (W) No. 54 of 2023 J.Rubancharles .. Petitioner vs 1.The Tahsildar, Poonamallee Thasildar Office, Poonamallee, Chennai - 600 056.
2.The Public Information Officer, The Headquarters of Deputy Thasildar, Poonamallee, Thasildar Office, Poonamallee, Chennai - 600 056.
.. Respondents Petition filed under Section 114 r/w Order XL Rule 15 CPC to review order dated 23.01.2023 made in W.P.No.1403 of 20 23. For Petitioner :
Mr.J.Rubancharles Party-in-Person For Respondents :
Mr.S.Ravikumar Special Government Pleader
ORDER
The petitioner appears as party-in-person.
2.
He had earlier filed W.P.No.1403 of 2023 in the nature of a certiorarified mandamus seeking records of the second 1/4
respondent, the Public Information Officer, Headquarters, Deputy Thasildar, Poonamallee Tahsildar Office, Poonamallee, Chennai and to quash the impugned order issued in September, 2022 and signed on 09.09.2022 under the Right to Information Act and direct the second respondent to supply information as sought by the petitioner through letter dated 12.08.2022 under Section 76 of the Indian Evidence Act. This Court, had, passed the following order in the said writ petition on 23.01.2023:- "2. An order had been passed refusing to provide that particular information. As against the said rejection there is an appellate remedy which is available.
3. If the petitioner has lost out on the issue of limitation, I would grant time to file necessary appeal in accordance with the provisions of the said Act. Such appeal should be filed on or before 10.02.2023. If it is filed on or before 10.02.2023, this appeal may be taken on record if it is otherwise in order. If it is not filed within 10.02.2023, then the petitioner will have to suffer the necessary consequences.
4. Stating as above, the writ petition stands disposed of. No order as to costs."
3.
The petitioner had subsequently filed an appeal as stated. Again his request had been rejected by order in March, 2023 but signed on 03.03.2023. As against that particular order, again there is an appeal provision under the Right to Information Act. 2/4
4.
The petitioner will necessarily have to file an appeal. If he has not filed an appeal as on date, time is extended to file such appeal on or before 15.10.2023. If the appeal is filed on or before that particular date, the issue of limitation need not be put against the petitioner. If any order is passed on that particular appeal, which can be called as second appeal under the Right to Information Act, the petitioner can always take further re-course as stipulated under the Right to Information Act.
5.
The Review would not lie and the same stands dismissed. No costs.
08.09.2023 Index:Yes/No ssm To 1.The Tahsildar, Poonamallee Thasildar Office, Poonamallee, Chennai - 600 056.
2.The Public Information Officer, The Headquarters of Deputy Thasildar, Poonamallee, Thasildar Office, Poonamallee, Chennai - 600 056.
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C.V.KARTHIKEYAN,J.
ssm Review Application (W) No. 54 of 2023 08.09.2023 4/4