M.Kamaraj v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2021
CORAM:
THE HON'BLE MR. JUSTICE M.S.RAMESH M.Kamaraj
...Petitioner
vs.
1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.
2.The Secretary, Health & Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
3.The Director of Medical Education, No.156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai-600 031.
4.The Public Information Officer, Health & Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the fourth respondent to furnish the details as mentioned in the RTI application dated 16.06.2021 as contemplated therein within the time period as stipulated by this Court.
For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondents : Mr.K.Tippu Sulthan, Government Advocate
ORDER
This Court has already disposed of this writ petition on 12.08.2021 and this Court has not signed the order on that day, as there was some clarification. Accordingly, the matter is listed today under the caption "for being spoken to".
2. The prayer in the present writ petition is for an issuance of Writ of Mandamus, directing the fourth respondent to furnish the details as mentioned in the petitioner's application dated 16.06.2021 made under the provisions of Right to Information Act.
3. On a perusal of the typed set of documents filed along with the writ petition, it is seen from the letter dated 24.06.2021, the Pubic Information Officer has intimated to the petitioner that the information sought for by the petitioner was not feasible for consideration, since it pertains to a disciplinary action pending against the concerned Dr.Sudheer.
4. The order dated 24.06.2021 is in the form of rejection of the petitioner's request made in his application dated 16.06.2021. As such, the prayer sought for in the present writ petition cannot be granted. However, if the petitioner is granted liberty to challenge the present rejection order dated 24.06.2021, the ends of justice could be secured.
5. In the light of the above observation, the writ petition stands closed with liberty to the petitioner to challenge the rejection oder dated 24.06.2021 or any rejection orders passed, if any. No costs. 17.08.2021 Index:Yes/No Internet:Yes/No hvk
M.S.RAMESH,J.
hvk To 1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.
2.The Secretary, Health & Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
3.The Director of Medical Education, No.156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai-600 031.
4.The Public Information Officer, Health & Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.
17.08.2021