K.Aruchamy v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.30209 of 2016 K.Aruchamy ... Petitioner Vs.

1. The Secretary Tamil Nadu Information Commission, No.2, Thyagarayar Salai, Eldams Road Junction, Teynampet, Chennai-18.

2. The District Collector, Coimbatore District Coimbatore.

3. The Public Information Officer Deputy Regional Development Officer [Panchayats], Madukkarai Union Madukkarai, Coimbatore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the respondents to number the petitioner's second appeal dated 12.02.2016 under RTI Act and taken on file and further dispose of the same within stipulated time to be framed by this Court. For Petitioner :

Mr.N.Ponraj For R1 :

Mr.Niranjan Rajagopalan For RR 2 & 3 :

Mr.S.Navaneethan, Additional Government Pleader

ORDER

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

2.

The petitioner claims to be a resident of Bodhipalayam and by invoking the Right to Information Act, 2005, he wants to know whether the public/civic works undertaken by the Madukkarai Union was properly done or not,

by submitting an application to the 3rd respondent and since there was no reply, the petitioner was constrained to file first appeal before the 2nd respondent and the 2nd respondent, vide communication dated 05.01.2016, has forwarded the same to the 3rd respondent and despite that, no response is forthcoming and hence, the petitioner filed a Second Appeal on 12.02.2016 before the 1st respondent, praying for appropriate orders and even for that appeal also, the petitioner is not favoured with any kind of response and therefore, the petitioner came forward to file this writ petition.

3.

Heard the learned counsel appearing for the petitioner and Mr.Niranjan Rajagopal, learned Standing counsel who accepts notice on behalf of the 1st respondent and Mr.S.Navaneethan, learned Additional Government Pleader who accepts notice on behalf of the respondents 2 and 3. 4.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 1st respondent to entertain the Second Appeal dated 12.02.2016, if the papers are otherwise in order and give a disposal of the same in accordance with law, after putting on notice the person/s concerned within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the person/s concerned. 5.

The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP To

1. The Secretary Tamil Nadu Information Commission, No.2, Thyagarayar Salai, Eldams Road Junction, Teynampet, Chennai-18.

2. The District Collector, Coimbatore District Coimbatore.

3. The Public Information Officer Deputy Regional Development Officer [Panchayats], Madukkarai Union Madukkarai, Coimbatore District.

+1cc to Mr.N.Ponraj, Advocate, S.R.No.49687 +1cc to the Government Pleader, S.R.No.49813 W.P.No.30209 of 2016 SV(CO) CA(15/09/2016)