R.T.Shankar v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.12548 of 2019 R.T.Shankar .. Petitioner Vs.

1. The Secretary to Government, Welfare Department, O/o.Chief Secretariat, Puducherry

2. The Managing Director PADCO, Pon Nagar, Reddiarpalayam, Puducherry.

3. The Manager(Rec)Cum Public Information Officer, PADCO, Reddiarpalayam, Puducherry.

.. Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the 1st respondent to consider and disposes the petitioner's Second Appeal dated 27.02.2019 and pass suitable order based on the petitioner's Appeal. For Petitioner : Mr.P.Manoj Kumar for M/s.D.Senthil Kumar For Respondents : Mr.D.Ravichander Additional Government Pleader (Puducherry)

O R D E R

The relief sought for in the present writ petition is for a direction to the 1st respondent to consider and dispose the petitioner's Second Appeal dated 27.02.2019.

2. The learned counsel for the writ petitioner states that the reply furnished by the respondents is insufficient and not in consonance with the spirit of the Right to Information Act. Thus, the writ petitioner is constrained to move the present writ petition.

3. The learned counsel for the respondent states that the questions raised by the writ petitioner have already been answered and suitable reasons have been given. Therefore, they have complied with the provisions of the Act.

4. Considering the facts and circumstances of the case, this Court is of the considered opinion that certain informations are already provided to the writ petitioner and the learned counsel for the writ petitioner states that in respect of Dispatch Register and Receipt Register, the writ petitioner has to find out the reason regarding the certain works already executed by the respondent. The additional affidavit filed by the writ petitioner in this regard states that he is presently residing at Nainaramandabam, Puducherry and his native place is Chinnababusamuthiram Village, Villupuram District. He has to use Kombakkam Road to reach his native place, which is about five kilometer from Nainarmandabam. In the said road more than 35 Speed Breakers laid and the said Road covers more than seven junctions, in which several high mass Lights were erected but electricity was not supplied till this day and it makes very difficult to drive a vehicle in that road.

5. The petitioner is of an opinion that there may be some irregularities in the matter of implementing the scheme.

6. It is made clear that certain information was already provided to the writ petitioner, and in respect of his claims to peruse the documents, the respondents are bound to provide an opportunity to the writ petitioner.

7. In this view of the matter, the respondents 2 and 3 are directed to fix a date and time for appearance of the writ petitioner in their office during the first week of October and communicate the fixed date and time in advance enabling him to be present before the respondents 2 and 3 and peruse the documents, more specifically, dispatch register and receipt register.

8. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Cj conf) //True Copy// Sub Assistant Registrar ssb

To

1. The Secretary to Government, Welfare Department, O/o.Chief Secretariat, Puducherry

2. The Managing Director PADCO, Pon Nagar, Reddiarpalayam, Puducherry.

3. The Manager(Rec)Cum Public Information Officer, PADCO, Reddiarpalayam, Puducherry.

+1cc to Mr.D.Senthil Kumar , Advocate SR.No. 82359 +1 cc to Government Pleader Sr.No. 82864 W.P.No.12548 of 2019 A.SK(05/11/2019)