Madras High CourtWP/14711/2014disposed of

C.Balasundaram, v. The Block Development Officer

2021-11-26Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26-11-2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.14711 of 2014 C.Balasundaram .. Petitioner vs.

1.The Block Development Officer, (Village Panchayats), Authority Under R.T.I. (Public Information Officer under the Rights of Information Act, 2005), Kottankolathur, Chengalpattu Taluk, Kancheepuram District.

2.The Assistant Director (Panchayats), The Appellate Authority Under Rights Of Information Act, 2005, Collector's Office, Kancheepuram.

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to furnish the three documents required by the petitioner as mentioned in the Application of the petitioner dated 15.04.2013 filed under R.T.I Act, which was also directed by the Appellate Authority under Section 19(1) of R.T.I Act in the Appeal dated 11.06.2013 to the petitioner forthwith.

For Petitioner : Mr.K.R.Krishnan For Respondent-1 : Mr.V.Jayaprakash Narayanan For Respondent-2 : Mr.C.Jayaprakash, Government Advocate.

O R D E R

The relief sought for in the present writ petition is to direct the the first respondent to furnish the three documents required by the petitioner as mentioned in the Application of the petitioner dated 15.04.2013 filed under R.T.I https://hcservices.ecourts.gov.in/hcservices/

Act, which was also directed by the Appellate Authority under Section 19(1) of R.T.I Act in the Appeal dated 11.06.2013 to the petitioner forthwith.

2. This Court is of the considered opinion that in the event of failure on the part of the Public Information Officer to furnish the informations sought for by the Information Seeker, the remedy is before the State Commission, under the provisions of the RTI Act before exhausting the remedy available before the State Commission, has approached this Court and therefore, the writ petition need not be entertained. Thus, the petitioner is at liberty to approach the State Commission in the manner prescribed under the provisions of the RTI Act.

3. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(Cs-VIII) //True copy// Sub Assistant Registrar Svn To 1.The Block Development Officer, (Village Panchayats), Authority Under R.T.I. (Public Information Officer under the Rights of Information Act, 2005), Kottankolathur, Chengalpattu Taluk, Kancheepuram District.

2.The Assistant Director (Panchayats), The Appellate Authority Under Rights Of Information Act, 2005, Collector's Office, Kancheepuram.

+1cc to Mr.K.R.Krishnan, Advocate SR.No.61876 +1cc to Government Pleader SR.No.62210 WP 14711 of 2014 AK II(CO) GMY(08/12/2021) https://hcservices.ecourts.gov.in/hcservices/