J.Mohanraj v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2015

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.M.SUNDRESH W.P.No.4851 of 2015 J.Mohanraj

...Petitioner

-vs1. The Chief Secretary Government of Tamil Nadu, Fort St. George, Chennai.

2. The Commissioner of Geology and Mining, Guindy, Chennai.

3. The District Collector, Madurai.

4. Ministry of Youth Affairs & Sports, Room No.504, B Wing, Shastri Bhavan, New Delhi.

5. The Commissioner, Chennai Corporation, Ripon Buildings, Chennai.

6. The Principal Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai.

7. The Collector, Theni District.

8. The Chief Commissioner, Income Tax Department, Ayakar Bhavan, Nungambakkam High Road, Chennai.

9. The Superintendent of Police, Theni District, Theni.

10.The Principal Chief Conservator of Forests, No.1 Jeenis Building , Panagal Building, Saidapet, Chennai-15.

11.The Collector Chennai City, Rajaji Salai, Chennai-1.

12.The Chairman CMDA, Egmore, Chennai-8.

13.The Principal Secretary Public Works Department, Secretariat, Chennai-9.

14.The Engineer in Chief Water Resources Department, Chief Engineer (General), Public Works Department, Chennai-5. 15.The Industries Department Chennai-9.

16.The Asst. Executive Engineer PWD/ WRO, Lower Tamirabarani Sub Division, Srivaikundam, Tuticurin.

17.The Chairman TWAD, Chennai.

18.The Inspector of Police L & O, Mylapore Police Station, Chennai-4.

19.The Thashildar Sholinganallur, Chennai-109.

20.The Collector Kanchipuram.

21.The Inspepctor of Police CCB & Anti-Land Grabbing Team-15, O/o. The Commissioner of Police, Vepery Chennai-7

22.The Commissioner of Police Chennai City.

23.The Commissioner The Hindu Religious Charitable Endowment Dept., 119, Uththamar Gandhi Salai, Nungambakkam, Chennai-34.

24.The Superintendent of Police Cuddalore Dist.

25.The Zonal Officer, Zone 9 Corporation of Chennai, Lake Area, Nungambakkam, Chennai-34.

26.The Registrar of Societies Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai-28.

27.The Director of Income Tax (Exemptions) No.121, Mahatma Gandhi Salai, Nungambakkam, Chennai-34.

28.The Joint Commissioner HR & CE, Nungambakkam High Road, Chennai-34. 29.The Commissioner of Police, Thirunelveli City, Thirunelveli.

30.The Secretary to the Government, Revenue Department, Govt. of Tamilnadu, Fort St. George, Chennai-9 31.The Superintendent of Police CBI/ACB, Shastri Bhavan, Haddows Road, Chennai-6.

32.The Deputy Commissioner of Police, Triplicane Police District, Chindradripet, Chennai-2.

...Respondents

Petition filed under Article 226 of the Constitution of India, praying for issue of Writ of Mandamus to direct the respondents to

give reply to all the representations given by the petitioner on various dates as prescribed in G.O.Ms.114 dated 2.8.2006. For Petitioner : Mr.J.Mohanraj Petitioner-in-person For Respondents : Mr.S.T.S.Moorthy Govt. Pleader for RR1 to 3, 6, 7, 9, 11, 14 to 22, 24 to 26 & 29 to 32 Mr.K.Soundararajan for R-5 Mr.M.K.Subramaniam, Spl.G.P. For R-10 Mr.N.Sampath for R-12 Mr.S.Kandaswamy, Spl.G.P.

For RR 23 and 28

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner has sought information under the Right to Information Act, 2005, from the respondents and submits that there is failure to furnish him the information. Now the petitioner seeks to invoke G.O.Ms.No.114, Personnel and Administrative Reforms (A) Department, dated 02.08.2006 requiring the respondents to acknowledge a complaint within three days of receipt of the grievance and prescribing a period of two months from its receipt for redressal of the grievance. The aforesaid G.O. is now sought to be read into the Right to Information Act for seeking the same information, which the petitioner has sought under the said Act.

2.We are afraid that such a relief cannot be maintained for the reason that the Right to Information Act is a Code by itself and if any information is sought under the Act, denied or delayed, the remedy would be under that Act. The two aspects cannot be mixed up and the petitioner would have recourse to his remedies for failure to provide him information as sought under the said Act.

3.Writ Petition is, accordingly, closed, with liberty to the petitioner as aforesaid.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sra To 1.The Chief Secretary to Govt. of Tamil Nadu, Fort St. George, Chennai.

2.The Commissioner of Geology and Mining, Guindy, Chennai.

3.The District Collector, Madurai.

4.Ministry of Youth Affairs & Sports, Room No.504, B Wing, Shastri Bhavan, New Delhi. 5.The Commissioner, Chennai Corporation, Ripon Buildings, Chennai.

6.The Principal Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai.

7.The Collector, Theni District.

8.The Chief Commissioner, Income Tax Department, Ayakar Bhavan, Nungambakkam High Road, Chennai. 9.The Superintendent of Police, Theni District, Theni.

10. The Principal Chief Conservator of Forests, No.1 Jeenis Building , Panagal Building, Saidapet, Chennai-15.

11. The Collector, Chennai City, Rajaji Salai, Chennai-1.

12. The Chairman, CMDA, Egmore, Chennai-8.

13.The Principal Secretary, Public Works Department, Secretariat, Chennai-9. 14.The Engineer in Chief Water Resources Department, Chief Engineer (General), Public Works Department, Chennai-5. 15.The Industries Department, Chennai-9.

16.The Asst. Executive Engineer PWD/ WRO, Lower Tamirabarani Sub Division, Srivaikundam, Tuticurin.

17.The Chairman, TWAD, Chennai.

18.The Inspector of Police L & O, Mylapore Police Station, Chennai-4.

19.The Tahshildar, Sholinganallur, Chennai-109. 20.The Collector, Kanchipuram.

21.The Inspepctor of Police CCB & Anti-Land Grabbing Team-15, O/o. The Commissioner of Police, Vepery Chennai-7.

22.The Commissioner of Police Chennai City.

23.The Commissioner The Hindu Religious Charitable Endowment Dept., 119, Uththamar Gandhi Salai, Nungambakkam, Chennai-34.

24.The Superintendent of Police, Cuddalore Dist. 25.The Zonal Officer, Zone 9 Corporation of Chennai, Lake Area, Nungambakkam, Chennai-34.

26.The Registrar of Societies Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai-28.

27. The Director of Income Tax (Exemptions) No.121, Mahatma Gandhi Salai, Nungambakkam, Chennai-34.

28.The Joint Commissioner HR & CE, Nungambakkam High Road, Chennai-34. 29.The Commissioner of Police, Thirunelveli City, Thirunelveli.

30.The Secretary to the Govt. of Tamilnadu, Revenue Department, Fort St. George, Chennai-9 31.The Superintendent of Police CBI/ACB, Shastri Bhavan, Haddows Road, Chennai-6.

32.The Deputy Commissioner of Police, Triplicane Police District, Chindradripet, Chennai-2.

1 CC to Mr.J.Mohanraj, Party in Person SR 10306 1 CC to the Government Pleader, SR.No. 10450 1 CC to Mr.K.Soundararajan, Advocate SR.No.10393 1 CC to the Spl.Government Pleader, SR.No.10245 W.P.No.4851 of 2015 KU (CO) PSI (10.03.2015)