Madras High CourtWP/23979/2021disposed of

S.Sudha v. The Tamil Nadu State Information Commissioner

2021-11-15Honourable Mr Justice M.Dhandapani3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.11.2021

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No. 23979 of 2021 S. Sudha .. Petitioner

Versus

1. The Tamilnadu State Information Commissioner No.19, Pernpettai Nandanam Chennai - 600 035

2. The Public Information Officer/District Educational Officer Sendhura - 621 714 Ariyalur .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent herein to take necessary action against the 2nd respondent herein as per Section 20(1) and 20(2) of the Right to Information Act, 2005 and pass orders within the time frame stipulated by this Hon'ble Court based on the Petitioner's representation dated 04.09.2021.

For Petitioner :

Mr.R.S. Selvam For Respondents :

Mr. Niranjan Rajagopal for R1 Mr. V. Baranidharan for R2

O R D E R

The present petition has been filed for issuance of Writ of Mandamus seeking to direct the first respondent herein to take necessary action against the 2nd respondent herein as per Section 20(1) and 20(2) of the Right to Information Act, 2005 based on the Petitioner's representation dated 04.09.2021. 2.

According to the petitioner, on 04.03.2018, she sent an application under the Right to Information Act, 2005 to the Public Information Officer, District Elementary Educational Office, Ariyalur seeking information regarding the complaint copy given against her and her husband by the Elementary Education Officer's Association dated 28.02.2018. As per the Right to Information Act, the Public information Officer has to furnish the copy within 30 days and the Public Information Officer, District Elementary Educational Office, Ariyalur instead of issuing the copy issued a reply dated 20.03.2018 in

Na.Ka.No.454/A4/2018 under Section 11 of the Right to Information Act repudiated to issue the said copy by stating that the sought information is related to the third party. Upon which,on 07.04.2018, he prefered an appeal before the Public Information Appellate Authority/District Elementary Educational Officer, Ariyalur, whereas no orders were passed, aggrieved, she filed Second Appeal on 13.05.2018, in S.A. No. 3592/D/2018 before the first respondent and the first respondent directed the second respondent to furnish the details of the information within seven days and the same was also not complied, further he filed a complaint against the non compliance of the second respondent in NC.1001/D/2020 in S.A.No.3592/D/2018 and the second respondent was directed to the furnish the information within a week. Upon which, the second respondent furnished the same in Na.Ka.No.454/A4/AA2/2018 dated 02.09.2021. Further, on 04.09.2021, she made a representation to the first respondent to take action against the second respondent under section 20

(1) and 20(2) of the Right to Information Act and the said representation is pending without any action on the file of the first respondent. Aggrieved against such inaction, the petitioner has come up with this writ petition. 3.

Heard Mr. R.S. Selvam, the learned counsel for the petitioner, Mr. Niranjan Rajagopalan, learned counsel for the first respondent and Mr. V. Baranidharan, learned counsel for the second respondent and perused the materials placed on record.

Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel appearing for either sides, this court, without going into merits of this case, directs the first respondent to consider the petitioner's representation dated 04.09.2021 to the first respondent to take action against the second respondent under Section 20(1) and 20(2) of the Right to Information Act, 2005 and pass appropriate orders, on merits and in accordance with law, within a period of *twelve weeks from the date of receipt of a copy of this order. 5.

Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VI) *Corrected as per the order of this Court dated 23.11.2021 made in WP No.23979/2021 //True copy// Sub Assistant Registrar rli

1. The Tamilnadu State Information Commissioner No.19, Pernpettai Nandanam Chennai - 600 035

2. The Public Information Officer/District Educational Officer Sendhura - 621 714 Ariyalur +1cc to M/s.G.R.Associates, Advocate SR.No.58731 +1cc to Mr.R.S.Selvam, Advocate SR.No.58657 +1cc to Government Pleader SR.No.58981 WP No. 23979 of 2021 SSI(CO) GMY(02/12/2021)