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Madras High CourtWP/36925/2015disposed of

R. Chellakaruppu Udaiyar, v. The State Public Information

2015-11-20Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P. No. 36925 of 2015 R.Chellakaruppu Udaiyar.

...Petitioner

Vs.

1. The State Public Information Officer/Commissioner, O/o. the Tamil State Public Information Commission, No. 378, Annasalai, Teynampet, Chennai - 600 018.

2. The Appellate Authority/Assistant Director, (Village Panchayat), O/o. The Assistant Director, (Village Panchayat), Salem, Salem District.

3. The Public Information Officer/ Block Development Officer, Village Panchayat Union, Thalaivasal, Attur Taluk, Salem District - 636 112.

...Respondents

PRAYER:

This petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to furnish the information requested by the petitioner through by way of representation dated 29.01.2014 under Right to Information Act on the light of proceedings in Na.Ka. No.2591/2014/A6 dated 08.04.2014 passed by the 2nd respondent immediately.

For Petitioner : Mr.M.V.Muralidaran, For Respondents 1 and 2 : Mr.V.Subbiah, Special Government Pleader For Respondent No. 3 : Mr.Govindasamy, Addl. Government Pleader

ORDER

It is the grievance of the petitioner that despite the order dated 08.04.2014 passed by the 2nd respondent directing the 3rd respondent to furnish the information sought for by the petitioner, the same has not been given to the petitioner.

2. The petitioner originally made a representation dated 29.01.2014 seeking certain information with respect to the record pertaining to the period between 03.10.2011 to 28.01.2014. As it was not considered, the petitioner filed an appeal before the 2nd respondent on 01.04.2014. In that appeal, the respondent No. 2 passed an order dated 08.04.2014. Despite the same, since no action is forthcoming, the present writ petition is filed by the petitioner before this Court.

3. Heard the learned counsel appearing for the petitioner, learned Special Government Pleader for the respondent Nos. 1 and 2 and learned Additional Government Pleader for the respondent No. 3.

4. Considering the facts of the case and without going into the merits of the case, a direction is hereby issued to the respondent No. 3 to take note of the proceedings of the respondent No. 2 dated 08.04.2014 and pass appropriate orders on the representation of the petitioner dated 29.01.2014, within a period of four weeks from the date of receipt of the copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rms/usk To

1. The State Public Information Officer/Commissioner, O/o. the Tamil State Public Information Commission, No. 378, Annasalai, Teynampet, Chennai - 600 018.

2. The Appellate Authority/Assistant Director, (Village Panchayat), O/o. The Assistant Director, (Village Panchayat), Salem, Salem District.

3. The Public Information Officer/ Block Development Officer, Village Panchayat Union, Thalaivasal, Attur Taluk, Salem District - 636 112.

+1cc to Mr.M. V. Muralidaran, Advocate, S.R.No.62869 +1cc to the Government Pleader, S.R.No.63231 AA(CO) EU(08/12/2015) W.P.No. 36925 of 2015