J.Kalimoorthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU J.Kalimoorthy ... Petitioner -vs1. The District Collector Thiruvarur District Thiruvarur.

2. The Appellant Authority (Under Right to Information Act) Tamil Nadu Nugarporul Vaniga Kalagam Regional Office, Thiruvarur.

3. The Public Information Officer Tamil Nadu Nugarporul Vaniga Kalagam Manna Sali, Kooturavu Nagar Thiruvarur.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to dispose of the appeal preferred by me fixing the time frame by this Hon'ble Court. In view of the Petitioner's Appeal dated 10.01.2024. For Petitioner :

Mr. S.Mariselvam For Respondents :

Mr. P.Ganesan, AGP (R1) 1/4

Mr. C.Selvaraj (RR2 & 3)

O R D E R

Heard Mr. S.Mariselvam, Learned Counsel for the Petitioner, Mr. P.Ganesan, Learned Additional Government Pleader, who takes notice for the First Respondent, and Mr. C.Selvaraj, Learned Counsel, who takes notice for the Second and Third Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed seeking a direction to the Second Respondent to dispose the appeal dated 10.01.2024 preferred by the Petitioner under Section 19(1) of the Right to Information Act, 2005 (hereinafter referred to as 'the Act' for short), before the Second Respondent. 3.

It is borne out from the materials placed on record that the said appeal has already been disposed by Proceedings in Na. Ka. No. P1/15444/2023 dated 08.02.2024 issued by the Second Respondent, which the Petitioner has also included in the typed-set of papers filed along with the Writ Petition. In such circumstances, the question of directing the Second Respondent to dispose the appeal dated 10.01.2024 in which orders have already been passed, does not 2/4

arise, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his remedy by filing second appeal under Section 19(3) of the Act before the Tamil Nadu State Information Commission. In fine, the Writ Petition is disposed with the aforesaid observations. No costs.

22.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.05.2024.

Maya To

1. The District Collector Thiruvarur District Thiruvarur.

2. The Appellant Authority (Under Right to Information Act) Tamil Nadu Nugarporul Vaniga Kalagam Regional Office, Thiruvarur.

3. The Public Information Officer Tamil Nadu Nugarporul Vaniga Kalagam Manna Sali, Kooturavu Nagar Thiruvarur.

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P.D. AUDIKESAVALU, J.

Maya 22.03.2024 4/4