Madras High CourtWP/17839/2023disposed of

V.Mahendran v. The Tamil Nadu State Information Commission,

2023-06-19Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.17839, 17843, 17844, 17846 to 17849 of 2023 W.P.No.17839 of 2023:

V.Mahendran ... Petitioner Vs.

1. The Tamil Nadu State Information Commission, Office of the State Information Commission, No.2, Thiyagaraya Road, Near Aalaiamman Kovil, Teynampettai, Chennai.

2. The Public Information Officer, Panchayat Officer, Kambarasampettai, Andhanallur Union, Trichy District, Trichy - 620 101.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 05.04.2023 within a stipulated period and consequentially direct the second respondent to furnish the information and copies of the documents in compliance with the order passed by the first respondent in Case No.SA.22154/F/2022. For Petitioner in all W.Ps'

Mr.MA.Mathew Berchmans For Respondents in all W.Ps'

Mr.C.Vigneswaran for R1 Mr.E.Veda Bagath Singh Special Government Pleader for R2 C O M M O N O R D E R Since the issue raised in all these Writ Petitions is one and the same, with the consent of the learned counsel appearing for both sides, all these Writ Petitions have been heard together and are disposed of by this common order at the admission stage itself.

2. These Writ Petitions have been filed for a direction to the first respondent to consider the petitioner's representation dated 05.04.2023 and also direct the second respondent to furnish the information and copies of the documents in compliance with the order passed by the first respondent in Case No.SA.22154/F/2022, Case No.SA.22155/F/2022, Case No.SA.22152/F/2022, Case No.SA.22153/F/2022, Case No.SA.22156/F/2022, Case No.SA.22157/F/2022 and Case No.SA.22158/F/2022 respectively dated 13.03.2023.

3. The learned counsel appearing for the petitioner would submit that the petitioner had filed an application on 06.07.2022 under Section 6(1) of the Right to Information Act, 2005 (hereinafter referred to as 'the Act') to the second respondent / Public Information Officer to furnish information pertaining to the administration of the Panchayat Office. Information was not given. Therefore, on 08.08.2022, he filed an Appeal under Section 19(1) of the Act before the Appellate Authority / Assistant Director of Panchayat. Even then information was not provided. Thereafter, again the petitioner

filed an Appeal on 16.09.2022 before the first respondent under Section 18(c) r/w 18(3) of the Act. But there was no response. Hence, he filed a Writ Petition before this Court in W.P.No.33261 of 2022. In pursuance to the order passed by this Court on 14.12.2022, the first respondent on 19.12.2022 had numbered his appeals and taken on file for enquiry. After completion of enquiry, the first respondent directed the second respondent to furnish the documents sought by the petitioner through his application dated 06.07.2022 on or before 03.04.2023. However, the said order was not implemented. Therefore, the petitioner made a representation to the first respondent on 05.04.2023, but till date the same has not been considered. Hence, the petitioner has filed these Writ Petitions with the aforesaid prayer.

4. The learned counsel appearing for the first respondent would submit that the first respondent has already fixed the date for enquiry on 23.06.2023. The learned counsel submitted that the petitioner can be present for the enquiry with all the necessary documents.

5. Heard the learned counsel appearing for the parties and perused the materials placed before this Court.

6. Taking into consideration of the facts and circumstances of the case and also of the fact that the first respondent has already called the petitioner for enquiry on 23.06.2023, there shall be a direction to the first respondent to complete the enquiry and pass appropriate orders as expeditiously as possible.

7. With the above direction, these Writ Petitions are disposed of. No costs.

19.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

1. The Tamil Nadu State Information Commission, Office of the State Information Commission, No.2, Thiyagaraya Road, Near Aalaiamman Kovil, Teynampettai, Chennai.

2. The Public Information Officer, Panchayat Officer, Kambarasampettai, Andhanallur Union, Trichy District, Trichy - 620 101.

M.DHANDAPANI, J.

vji W.P.Nos.17839, 17843, 17844, 17846 to 17849 of 2023 19.06.2023