R.Murugesan v. The Chief Information

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29554 of 2016 and W.M.P.No.25564 of 2016 R.Murugesan ... Petitioner Vs.

1. The Chief Information Commissioner, Tamil Nadu State Information Commission, No.2, Thiyagaraya Salai, Teynampet, Chennai - 600 018.

2. The Appellate Authority (RTI Act) Medical and Rural Health Services Teynampet, Chennai - 600 006.

3. The Public Information Officer, Medical and Rural Health Services, Teynampet, Chennai - 600 006.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to furnish the information as sought by the petitioner in his petition dated 02.02.2016 to the third respondent which was appealed to second respondent vide appeal dated 05.03.2016 and further second appeal dated 07.04.2016 to the first respondent and consequentially initiate appropriate action under section 20 of the Right to Information against respondents for their failure to furnish information as sought by the petitioner. For Petitioner : Mr.S.Senthil Nathan For Respondents : Mr.Niranjan Rajagopalan for R1 Mr.R.Govindasamy for R2 and R3 Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The grievance expressed by the petitioner is that since the respondents 2 and 3 had denied the information under the Right To Information Act, he approached the first respondent in the form of Appeal, dated 07.04.2016 and since no orders have been passed, the petitioner is constrained to approach this Court by way of filing this writ petition.

3.Heard the submissions of Mr.S.Senthil Nathan, learned counsel appearing for the petitioner, Mr.Niranjan Rajagopalan, learned counsel who accepts notice on behalf of the first respondent and Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents 2 and 3. 4.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the first respondent to entertain the Appeal dated 07.04.2016 submitted by the petitioner, if the papers are otherwise in order and give a disposal, in accordance with law, after putting on notice, the persons concerned and pass orders, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the persons concerned.

5.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pri To

1. The Chief Information Commissioner, Tamil Nadu State Information Commission, No.2, Thiyagaraya Salai, Teynampet, Chennai - 600 018.

2. The Appellate Authority (RTI Act) Medical and Rural Health Services Teynampet, Chennai - 600 006.

3. The Public Information Officer, Medical and Rural Health Services, Teynampet, Chennai - 600 006.

+1cc to the Government Pleader, S.R.No.48637 W.P.No.29554 of 2016 and W.M.P.No.25564 of 2016 SVI(CO) CA(08/09/2016)