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Madras High CourtWP/24305/2021disposed of

T.Paramasivan v. The First Appellate Information Officer

2021-11-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.24305 of 2021 T.Paramasivan

...Petitioner

Vs.

1.

The First Appellate Information Officer The District Collector, District Collector Office, 62, Rajaji Salai, 4ht Floor, Chennai-600 001.

2.

The Public Information Officer, The Head Sub-Tahsildar, Tondaiyarpet Taluk, Chennai-600 081

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to Speedy Disposal of the petitioner representation dated 03.09.2021.

For Petitioner : Mr.R.Arunkumar For Respondents: Mr.U.Baranidharan Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents for speedy disposal of the petitioner's representation dated 03.09.2021.

2.The case of the petitioner is that the petitioner sent RTI Letters to the first respondent and the same was received by the 1st respondent on 03.05.2021 and forwarded it to the 2nd respondent vide RTI Na.Ka.No.J1/12114/2021 dated 02.07.2021 and the same was received by the 2nd respondent on 12.07.2021. The information sought for by the petitioner under RTI Act are as follows:-

1. Land Acquisition 4(1) Noification dated and 4(1) Notification Copy,

for Survey No.3477/6, 3478/3,4,5,6 Block No.61, and situate in Suriyanarayana Chetty treet, Toniarpet, Royapuram, Madras-600 013.

2. Paper Publication Copy of the above said land acquisition proceedings of Tamil Nadu Government.

3. Gazette Publication Copy of the above said lad acquisition proceedings of Tamil Nadu Government.

4. Copy of Award 2/57 which land acquisition Tahsildar order and the Award amount, how much fixed of the above said land acquisition and acquisition award per sq.ft?

5. The award 2/57 amount deposited in which office etc.?

6. The award amount in 2/57 who is all parties received from which office?

7. Compensation against award 2/57 filed in which court?

8. Court enhancement copy of order and E.P. proceeding details to execute the amount?

9. Details of rival claims between the parties against land acquisition award amount.

3.It is further submitted that the 2nd respondent sent a letter dated 05.08.2021 to the petitioner stating that the copies of documents of land encroachment are not available in their office and the same was forwarded to the 1st respondent. Hence, the petitioner sent representation to the 1st respondent on 03.09.2021and till date no order has been passed. Hence, this writ petition.

4.The learned counsel appearing for the petitioner submitted that the petitioner is a senior citizen, aged about 74 years and the petitioner has made multiple representations seeking information under RTI Act and the 2nd respondent has vaguely submitted that the copies of documents and details sought for by the petitioner are not available in his office.

Hence, he submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation and pass appropriate order as early as possible.

5. The learned counsel appearing for the respondents has no serious objection for the prayer sought for by the petitioner and he further submitted that the petitioner's representation will be considered and appropriate order will be passed in accordance with law within the time stipulated by this Court.

6. Heard the arguments advanced on either side.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's representation dated 03.09.2021 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

8. This Writ Petition is accordingly disposed of. No costs.

s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar skt To 1.

The First Appellate Information Officer The District Collector, District Collector Office, 62, Rajaji Salai, 4ht Floor, Chennai-600 001.

2.

The Public Information Officer, The Head Sub-Tahsildar, Tondaiyarpet Taluk, Chennai-600 081 +2 Ccs to Mr.R.Arunkumar, Advocate sr 58794 +1 CC to The Government Pleader sr 59411.

W.P.No.24305 of 2021 SVI(CO) SP(16/12/2021)