S.M.Govindasamy v. The State Information Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2019

CORAM:

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.21257 OF 2019 S.M.Govindasamy ... Petitioner -vs1. The State Information Commission, Represented by its Assistant Registrar, No. 2, Thiyagarayarsalai, Teynempet, Chennai - 600 018.

2. The District Revenue Officer Cum the Appellate Authority (RTI), District Collectorate, Tiruppur - 641 604.

3. The Public Information Officer, Special Tahsildar (Nattham Settlement), Corporation Office, Dharapuram, Tiruppur District.

... Respondents Prayer :- Writ Petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, directing the First Respondent commission to dispose the second appeal in S.A. No. 9957/D/2018 dated 01.03.2019 pending on the file of the First Respondent filed under the Right to Information Act, 2005 within a stipulated time.

For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondents : Mr.Niranjan Rajagopal

O R D E R

The Writ Petition has been filed by the Petitioner to direct the First Respondent to dispose the Second Appeal in S.A. No. 9957/D/2018 dated 01.03.2019 pending on the file of the First Respondent filed by the Petitioner under the Right to Information Act, 2005.

2.

Mr.Niranjan Rajagopal, Learned Counsel, who takes notice for the Respondents, has filed a memo stating as follows:- "It is submitted that the Second Appeal dated 23.12.2018 filed by the Petitioner before the First Respondent in S.A. 9975/D/2018 was originally posted for enquiry on 11.03.2019 at special sitting of the commission at Erode. But the same was not conducted due to the model mode of conduct being in force. It is submitted that since the Third Respondent being a appellate authority the second appeals are taken for enquiry on seniority basis. It is submitted on instructions that though the appeals from Erode region are proposed to be taken in Erode itself for which dates are yet to be fixed, in view of the fact that the Petitioner is willing to come to Chennai for enquiry of the second appeal. It is submitted that the First Respondent could taken the second appeal for enquiry and dispose off the same within 3 months." 3.

Recording the said submissions made, this Writ Petition is disposed with observation that the aforesaid Second Appeal filed by the Petitioner shall be expeditiously disposed by the First Respondent and a report of such compliance shall be filed before the Registrar (Judicial) of this Court by 31.10.2019. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vji To

1. The Assistant Registrar, The State Information Commission, No. 2, Thiyagarayarsalai, Teynempet, Chennai - 600 018.

2. The District Revenue Officer Cum the Appellate Authority (RTI), District Collectorate, Tiruppur - 641 604.

3. The Public Information Officer, Special Tahsildar (Nattham Settlement), Corporation Office, Dharapuram, Tiruppur District.

Copy to:

The Registrar (Judicial), Madras High Court, Chennai - 600 104.

+1cc to Mr.G.R.Associates, Advocate, S.R.No.61589 +1cc to the Government Pleader, S.R.No.62361 W.P.No.21257 of 2019 RK(CO) CS/13/09/2019