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Madras High CourtWP/25095/2023withdrawn dismissed

G.Neezamuddin v. The Chief Information Commissioner

2024-01-02Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU G.Neezamuddin ... Petitioner -vs1. The Chief Information Commissioner, Tamil Nadu State Chief Information Commissioner, No. 19, Government Farm Village Fenepet, Nandhanam, Chennai - 600 035.

2. The First Appellate Official, Tahsildhar, Walajapet, Ranipet District.

3. The Public Information Officer, District Collector's Personal Assistant (General), District Collectorate, Ranipet District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent herein to provide a information with regard to Petitioner's RTI Petition dated 05.05.2023 pursuant to the transfer order issued under Section 6(3) of the RTI Act by the Third Respondent and subsequently direct the First Respondent to 1/4

initiate a departmental proceedings under Section 20(2) of the RTI Act and cost under Section 20(1) of the RTI Act against the Second Respondent for furnishing the information regarding RTI Petition, within a stipulated period of time.

For Petitioner :

Mr. R.Sunilkumar For Respondents :

Mr. C.Vigneswaran, Standing Counsel (for R1) Mr. G.Nanmaran, Special Government Pleader (for R2 & R3)

O R D E R

When it was pointed out that after the filing of the Second Appeal before the First Respondent, Order No. Moo. Mu. Aa2/2834/2023 dated 28.07.2023 has been passed by the Second Respondent, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to prefer an appeal before the First Respondent against the said order and he has made an endorsement to that effect in the court record. 2.

In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. It is made clear that for the purpose of reckoning 2/4

limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 16.08.2023, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. No costs. 02.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.03.2024.

vjt To

1. The Chief Information Commissioner, Tamil Nadu State Chief Information Commissioner, No. 19, Government Farm Village Fenepet, Nandhanam, Chennai - 600 035.

2. The First Appellate Official, Tahsildhar, Walajapet, Ranipet District.

3. The Public Information Officer, District Collector's Personal Assistant (General), District Collectorate, Ranipet District.

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P.D. AUDIKESAVALU, J.

vjt 02.01.2024 4/4