M.Udhayakumar, v. The Assistant Executive
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.19412 of 2016 M.Udhayakumar ..
Petitioner Vs.
1.The Assistant Executive Engineer [O&M] TANGEDCO & Public Information Officer, Guduvancherry, No.33/11, KVSS Complex, GST Road, Guduvancherry 603202.
2.The Superintendant Engineer and 1st Appellate Authority Chengalput, ETC., No.130, GST Road, Chengalput 603001.
3.The Information Commissioner and 2nd Appellate Authority, State Information Commission, Chennai 600018.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified mandamus calling for the records of the 1st respondent and to quash the information given by him on 06.11.2015 in Ka.No/S.O.P/E.Pa/Ma.Ma.Na/U.Po./Ko.Tha.AUS/A.No.623/2015-16 and directing the 1st respondent to furnish the correct information to the petitioner's representation on 01.10.2015 and direct the 3rd respondent to take action against the 1st respondent under RTI Act 2005, section 20[1] and 20[2], 18[1].
For Petitioner : Mr.J.A.Prabhakaran For Respondents : Mr.S.K.Rameshwar for RR1&2 Mr.Niranjan Rajagopalan for M/s.G.R.Associates for R3
O R D E R
By consent, the writ petition is taken up for final disposal.
The petitioner would state that he submitted an application for getting electricity connection to the Assistant Executive Engineer, Guduvancherry, in Reference No.568-05/15939, in Serial No.1117118 Application No.6196 dated 16.05.2015 and however, no action was taken on his application. Therefore, the petitioner has invoked the provisions of the Right to Information Act, 2005, seeking certain particulars before the 1st respondent and according to the petitioner, the 1st respondent has sent an evasive reply without furnishing the full details and therefore, the petitioner filed an appeal before the 2nd respondent, who in turn, returned the papers stating that the petitioner sought for additional particulars and therefore, he has to approach the 1st respondent once again.
The petitioner, aggrieved by the same, filed an appeal before the 3rd respondent on 15.12.2015 and it is still pending. The grievance expressed by the petitioner is that the respondents 1 and 2 are adopting dilatory tactics to furnish the information sought for by the petitioner and therefore, he is constrained to approach this Court by filing this writ petition.
Heard the learned counsel for the petitioner ; Mr.S.K.Rameshwar, learned counsel who accepts notice on behalf of the respondents 1 and 2 and Mr.Niranjan Rajagopalan, learned counsel who accepts notice on behalf of the 3rd respondent. Though the petitioner prayed for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the same, directs the 2nd respondent to entertain the second appeal dated 15.12.2015 submitted by the petitioner, if the papers are otherwise in order and dispose of the same in accordance with law, as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
To 1.The Assistant Executive, Engineer [O&M] TANGEDCO, & Public Information Officer, Guduvancherry, No.33/11, KVSS, Complex, GST Road, Guduvancherry 603202.
2.The Superintending Engineer, and 1st Appellate Authority, Chengalput, ETC., No.130, GST Road, Chengalput 603001.
3.The Information Commissioner, and 2nd Appellate Authority, State Information Commission, Chennai 600018.
+1cc to Mr.J.A.Prabhakaran, Advocate Sr.31297 W.P.No.19412 of 2016 sk[co] srg 20/06/2016