K.Daivasigamani v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.17445 of 2015 and M.P.No.1 of 2015 K.Daivasigamani ... Petitioner Vs.

1. The Revenue Divisional Officer/ Sub Collector, Tiruvallur, Tiruvallur, Tiruvallur District.

2. The Tahsildar, Thiruvallur District, Thiruvallur ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to furnish necessary information sought for by the petitioner by representation dated 18.02.2015 and 09.04.2015 and consequently punish the respondents for having willfully and deliberately refused to furnish necessary information sought for by the petitioner under the Right to Information Act within the time frame to be stipulated.

For Petitioner : Mr.T.S.Rajamohan For Respondents : Mr.N.Roofus Abraham,Govt.Advocate

ORDER

By consent of the learned counsel appearing on either side, the writ petition is taken up for disposal at the admission stage itself.

2. The petitioner, aggrieved by the inaction on the part of the 2nd respondent to answer to the query raised under Right to Information Act, has approached this Court by filing writ petition.

2. Heard the submission of Mr.T.S.Rajamohan, learned counsel appearing for the petitioner and Mr.N.Roofus Abraham, learned Government Advocate, who accepts notice on behalf of respondents.

3. After hearing the rival submissions made by the learned counsel appearing on either side and perusing the materials available on record, this Court is of the considered view that the petitioner https://hcservices.ecourts.gov.in/hcservices/

is having an effective alternative remedy under Section 19 of the Right to Information Act, 2005 and he may avail the said remedy.

4. In the result, the writ petition is disposed of and the petitioner is directed to prefer an appeal to the State Information Commission within a period of two weeks from the date of receipt of copy of this order and if the papers are in order in the appeal preferred by the petitioner, the State Information Commission shall not took the issue regarding limitation and shall entertain the same and pass orders on merits and in accordance with law within a period of six weeks thereafter and inform the decision taken to the petitioner as well as to the persons concerned. The writ petition is disposed of accordingly. However, there is no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

1. The Revenue Divisional Officer/ Sub Collector, Tiruvallur, Tiruvallur, Tiruvallur District.

2. The Tahsildar, Thiruvallur District, Thiruvallur +1 cc to Mr.T.S.Rajamohan, Advocate,SR.29888. +1 cc to Government Pleader,SR.30079.

Nm(co) krd 25/6 W.P.No.17445 of 2015 https://hcservices.ecourts.gov.in/hcservices/