G.Gopalakrishnan v. The Public Information

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.15095 of 2014 and M.P.No.1 of 2014 G.Gopalakrishnan ... Petitioner -vs1.The Public Information Officer, Regional Transport Office, Tambaram, Chennai - 600 045.

2.The Regional Transport Authority, (The Appellate Authority), Regional Transport Office, Tambaram, Chennai - 600 045.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to provide the necessary particulars sought for under the right to information act as per the order passed by the second respondent in his proceedings in S.M.A.No.E2/70205/2013 dated 11.11.2013. For Petitioner :: Mr.D.Saikumaran For Respondents :: Mr.J.Ramesh Government Advocate * * * * *

O R D E R

The relief sought for in this writ petition is to direct the first respondent to provide the necessary particulars sought for under the Right to Information Act as per the order passed by the second respondent in his proceedings in S.M.A.No.E2/70205/2013 dated 11.11.2013.

2.This Court is of an opinion that the writ petition is not maintainable, in view of the fact that there is an appellate remedy provided under the provisions of the Right to Information Act. The State Information Commission is functioning and it is left open to the writ petitioner to approach the State Information Commission for the compliance of the application, if https://hcservices.ecourts.gov.in/hcservices/

any filed and not considered by the Public Information Officer, under the provisions of the Right to Information Act. 3.Contrarily, no writ proceedings can be entertained for the purpose of issuing direction to the Public Information Officer to provide certain information sought for by the writ petitioner by way of an application under the Act. 4.This being the factum of the case, this Court is of an opinion that the present writ petition cannot be entertained and the writ petitioner is at liberty to approach the competent authorities under the provisions of the Act and in the manner known to law.

5.With these observations, the writ petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-iv) //True Copy// Sub Assistant Registrar ah To 1.The Public Information Officer, Regional Transport Office, Tambaram, Chennai - 600 045.

2.The Regional Transport Authority, (The Appellate Authority), Regional Transport Office, Tambaram, Chennai - 600 045.

+1cc to the Government Pleader, S.R.No. 28886 W.P.No.15095 of 2014 ssv(CO) TR(15/05/2018) https://hcservices.ecourts.gov.in/hcservices/