Madras High CourtWP/3297/2012disposed of

V. Sundaram v. The District Collector

2017-10-27Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2017

CORAM

THE HONOURABLE MR.JUSTICE V. PARTHIBAN W.P.No.3297 of 2012 & M.P.No.1 of 2012 V. Sundaram ... Petitioner vs 1.The District Collector The Nilgiris District, at Ooty, 2.The Additional District Collector, The Nilgiris District, at Ooty,

3. The Tahsildar Pandalur, The Nilgiris District

4. Noorul Hassan Now working as Reception Tahsildar, Tamil Nadu House, Ooty The Nilgiris District ... Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the first respondent in his proceedings No.Na.Ka.A2/N/41781/2011, dated 10.01.2012 and to quash the same and consequently direct the 1st respondent to furnish the particulars in regarding with disciplinary proceedings initiated against the 4th respondent herein as per directions issued by the 2nd respondent to the petitioner.

For Petitioner : Mr.C. Prakasam For Respondents: Mr. S. Gunasekaran (For RR1 to 3) Additional Govt. Pleader : Mr. L. Chandrakumar (For R4) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This writ petition challenging the proceedings No.Na.Ka.A2/N/41781/2011 dated 10.01.2012 is filed for non furnishing of the certain information as sought for by the writ petitioner.

2.In this case, the writ petitioner is aggrieved for non furnishing of the information which is required to be furnished to him under the provisions of the Right to Information Act.

3. In this case, obviously no appeal has been filed against the impugned proceedings dated 10.01.2012. Without exhausting such Remedy available under the Right to information Act, it is not open to the Petitioner to invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. In the absence of availing such remedy, the present Writ petition cannot be entertained directly.

4.Accordingly, the Writ petition is dismissed as not maintainable. No Costs. However, the Writ petitioner is at liberty to approach the Appellate authority under the provisions of the Right to Information Act, if he is so advised. Consequently, connected miscellaneous petition is closed. -Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To:

1.The District Collector The Nilgiris District, at Ooty, 2.The Additional District Collector, The Nilgiris District, at Ooty,

3. The Tahsildar Pandalur, The Nilgiris District • 1 cc to Mr.L.Chandra kumar, Senior Counsel Sr.No.76191 • +1 cc to The Government Pleader Sr.No.76371 W.P.No.3297 of 2012 CO(PVS) KP(27/11/2017) https://hcservices.ecourts.gov.in/hcservices/