Mr.K.Elangoo v. The Public Information Officer

W.P. No. 34988 of 2015 N. KIRUBAKARAN,J.

Though final orders were passed in the above said writ petition, as early as on 30.10.2015, wherein this Court, while allowing the writ petition, directed the 2nd respondent to provide all the details sought by the petitioner, within a period of two weeks from the date of receipt of a copy of that order, the said order is yet to be complied with.

2.

When the above writ petition came up before this Court on 06.06.2016, "For Reporting Compliance", it was represented, on behalf of the 2nd respondent, that a letter dated 07.04.2016, had been addressed to the Member Secretary, Chennai Metropolitan Development Authority, (CMDA in short) seeking the required documents and this Court, suo motu, impleaded the Member Secretary, CMDA, Chennai - 600 008 as third respondent to the writ petition and granted two weeks' time till today, ie., 20.06.2016, to comply with the order passed by this Court, by all the authorities concerned. 3.

After the expiry of two weeks' time granted by this Court, the matter is listed today. Mr.M. Karthikeyan, learned counsel for CMDA

submitted that the officials of CMDA will have to inspect the premises and find out whether it is a special building or not and only thereafter, they will be able to furnish the required documents sought.

4.

It was only for the purpose of verification of the nature of the building in question, two weeks' time was granted by this Court on 06.06.2016. However, till today, no steps have been taken by the CMDA to verify the nature of the building and besides, they are seeking further time for that purpose. 5.

This Court is of the view that these are only dilatory tactics adopted by the Department concerned so as to delay the compliance of the order passed by this Court. The order of this Court is required to be complied with, not only by the parties to the proceedings, but also by the authorities, who are supposed to act, pursuant to the order, though they may not be a party to the proceedings. Even the said technicality has been removed by suo motu, impleading the CMDA as a party respondent to the writ petition on 06.06.2016. In any event, with a view to give one more opportunity, a further period of two weeks is granted and the authorities concerned shall provide all the documents sought by the petitioner, as per the order passed by this Court in the above writ petition on 30.10.2015, by 3 rd July, 2016 .

6.

Post the matter "For Reporting Compliance" on 4 th July, 2016 .

In the event of non-compliance of the order passed by this Court, the Member Secretary, CMDA and The Commissioner, Chennai Corporation, shall appear before this Court on that day.

20.06.2016 nv (Note to Office: Issue order copy by 22.06.2016)

N. KIRUBAKARAN,J.

nv W.P. No. 34988 of 2015 20.06.2016