N.Chinnapa Reddy v. The Public Information Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N.Chinnapa Reddy ... Petitioner -vs1. The Public Information Officer, O/o. the Block Development Officer (Village Panchayat), Hosur Union, Hosur - 635 109, Hosur Taluk, Krishnagiri District.

2. The Block Development Officer (Village Panchayat), Hosur Union, Hosur - 635 109, Hosur Taluk, Krishnagiri District.

3. The Assistant Director of Panchayat, Collectorate, Krishnagiri, Krishnagiri District.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to furnish all the documents/information sought by the Petitioner under the Right to Information Act and in the event of non-furnishing the details, appropriate action may be taken in accordance with law.

1/6

2/6

For Petitioner :

Mr. B.Baskar For Respondents :

Mr. C.Vigneswaran (for R1) Mr. S.J.Mohamed Sathik, Government Advocate (for R2 & R3)

O R D E R

Heard Mr.

B.Baskar, Learned Counsel for the Petitioner, Mr. C.Vigneswaran, Learned Counsel for the First Respondent and Mr. S.J.Mohamed Sathik, Learned Government Advocate appearing for the Second and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner has filed this Writ Petition aggrieved by the refusal of the Respondents to furnish the information sought by him under the Right to Information Act, 2005 (hereinafter referred to as 'the RTI Act' for short). 3.

When it was pointed out that the Petitioner has got an effective alternative remedy of filing appeal under Section 19(3) of the RTI Act before the State Information Commission, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to the Petitioner to resort to the aforesaid procedure and he has made an endorsement to that effect in the 3/6

court record.

In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 29.09.2021, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. No costs. 15.12.2023 Index: Yes/No NCC: Yes/No Note: (i) Issue order copy by 28.02.2024.

(ii) Registry is directed to return the impugned order under written acknowledgment after retaining a copy of the same for record.

vjt 4/6

To

1. The Public Information Officer, O/o. the Block Development Officer (Village Panchayat), Hosur Union, Hosur - 635 109, Hosur Taluk, Krishnagiri District.

2. The Block Development Officer (Village Panchayat), Hosur Union, Hosur - 635 109, Hosur Taluk, Krishnagiri District.

3. The Assistant Director of Panchayat, Collectorate, Krishnagiri, Krishnagiri District.

5/6

P.D. AUDIKESAVALU, J.

vjt 15.12.2023 6/6