Narasimman v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.NO.15619 OF 2021 Narasimman ... Petitioner .Vs.

1.

The Secretary, Tamil Nadu Information Commission, Block No.19, Government Farm Village, Saidapet, Chennai - 600 015.

2.

The Assistant Director cum Appellate Authority, Directorate of Vigilance and Anti-Corruption, No.293, MKN Road, Alandur, Chennai - 600 016.

3.

The Public Information Officer-cum- Superintendent of Police, Central Range, Directorate of Vigilance and Anti-Corruption, No.293, MKN Road, Alandur, Chennai - 600 016.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1st Respondent to number the Petitioner's Second Appeal dated 07.07.2021 under the Right to Information Act, 2005 and take it on file and further dispose of the same within a stipulated time.

For Petitioner : Mr.N.Ponraj For Respondents : Mr.Niranjan Rajagopalan

O R D E R

Petitioner has come up with this Writ Petition seeking a direction to the 1st Respondent to number his Second Appeal dated 07.07.2021 under the Right to Information Act, 2005 and take it on file and further dispose of the same within a stipulated time.

2. Today, when the matter is taken up for hearing, it is represented by the learned counsel appearing for the Respondents that, the Petitioner's Second Appeal will be numbered and taken up for hearing by the Government, as per seniority.

3. In reply, learned counsel for the Petitioner insisted that, trial is going to commence and that, copies are required immediately. In support of his case, learned counsel relied upon an order dated 03.02.2020 passed by this Court in W.P.No.1813 of 2020.

4. Learned counsel appearing for the Respondents submitted that, in normal circumstances, they could agree for a fixed time for hearing cases, but, due to COVID-19 pandemic, cases are taken up for hearing on seniority basis and that, in case of any emergency, matters are taken out of turn and posted for hearing.

5. Taking note of the submissions of the learned counsel on either side, this Court is of the view that, the Petitioner's Second Appeal has to be numbered and taken up for hearing as expeditiously as possible, as he is facing criminal proceedings.

6. Accordingly, the 1st Respondent is directed to number the Petitioner's Second Appeal dated 07.07.2021 under the Right to Information Act, 2005 and take up the matter for hearing, as expeditiously as possible.

7. The Petitioner is at liberty to make a separate Application to the Respondents, stating the reasons for urgency, which will be considered and the matter will be taken out of turn and decided.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar aeb

To 1.

The Secretary, Tamil Nadu Information Commission, Block No.19, Government Farm Village, Saidapet, Chennai - 600 015.

2.

The Assistant Director cum Appellate Authority, Directorate of Vigilance and Anti-Corruption, No.293, MKN Road, Alandur, Chennai - 600 016.

3.

The Public Information Officer-cum- Superintendent of Police, Central Range, Directorate of Vigilance and Anti-Corruption, No.293, MKN Road, Alandur, Chennai - 600 016.

+1cc to Mr.N.Ponraj, Advocate, S.R.No.36973 +1cc to M/s.G.R.Associates, Advocate, S.R.No.37205 +1cc to the Government Pleader, S.R.No.37397 W.P.NO.15619 OF 2021 PMK(CO) PBS/25/08/2021