M/S.Chandragiri Construction Company v. Tamil Nadu Information Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.28484 of 2022 M/s.Chandragiri Construction Company Rep.by its Partner K.M.Moideen Kunhi No.3/402A, Karat Road, West Nadakavu Kozhikodi - 673 001, Kerala State Now staying at Rani Meyyammai Towers Block-3, 2-H, MRC Nagar, Chennai 600 028.
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Petitioner -Vs1. Tamil Nadu Information Commission Rep. by its State Information Commissioner Block No. 19 Government Farm Village Saidapet Chennai 15 2 The Chief Engineer Public Works Department Chennai Region Water Resources Department Chepauk Chennai 05 3 The Superintending Engineer Public Works Department Water resources Department Project circle Vellore 632 006 (now upper palar circle) 4 The Executive Engineer (appellate authority under RTI Act) Special Project division P.W.D. Water Resources Department Project Division Sethuvandai Gudiyatham R.S. Vellotr District-635 803.
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5 The Public information Officer (Under RTI Act) O/o. The Executive Engineer) Special Project division P.W.D.
Water Resources Department Project Division Sethuvandai Gudiyattam R.S.
Vellore District - 635 803.
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Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 2 to 5 herein to furnish the information sought for vide Application dated 18.12.2021 to the petitioner within the time fixed by this hon'ble court. For Petitioner : Mr.K.Premkumar For Respondents : Mr.C.Vigneswaran Standing Counsel - for R1 Mr.P.Sanjay Gandhi Government Advocate - for RR 2 to 5
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents 2 to 5 herein to furnish the information sought for vide Application dated 18.12.2021 to the petitioner within the time fixed by this Court.
2. Heard Mr.K.Prem Kumar, learned counsel for the petitioner, Mr.C.Vigneswaran, learned Standing Counsel appearing for the first respondent and Mr.P.Sanjay Gandhi learned Government Advocate appearing for the respondents 2 to 5.
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3. Learned Government Advocate submits that though the prayer sought for is against respondents 2 to 5, the fifth respondent is the Public Information Officer of the respondents ie., Executive Engineer's office. Therefore, whatever information sought for under the RTI Act by application dated 18.12.2021 would be considered and such information would be revealed provided if such information is available with the office of the respondents, within the time frame that may be stipulated by this Court.
4. In view of the aforesaid stand taken by the learned Government Advocate, this Court is inclined to dispose of this writ petition with the following order.
" That there shall be a direction to the 5th respondent to provide the information sought for by the petitioner by his application dated 18.12.2021 under the RTI Act if that information is available with the office of the 5th respondent or any other respondents, for whom the 5th respondent is the Public Information Officer, within a period of 30 days from the date of receipt of a copy of this order."
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5. With the above directions, this writ petition is disposed of. No costs. 28.10.2022 Index : Yes/No Internet : Yes/No KST Note : Issue order copy on 01.11.2022 To
1. Tamil Nadu Information Commission Rep. by its State Information Commissioner Block No. 19 Government Farm Village Saidapet Chennai 15 2 The Chief Engineer Public Works Department Chennai Region Water Resources Department Chepauk Chennai 05 3 The Superintending Engineer Public Works Department Water resources Department Project circle Vellore 632 006 (now upper palar circle) 4 The Executive Engineer (appellate authority under RTI Act) Special Project division P.W.D. Water Resources Department Project Division Sethuvandai Gudiyatham R.S. Vellotr District-635 803.
5 The Public information Officer (Under RTI Act) O/o. The Executive Engineer) Special Project division P.W.D.
Water Resources Department Project Division Sethuvandai Gudiyattam R.S.
Vellore District - 635 803.
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R. SURESH KUMAR, J.
KST W.P.No. 28484 of 2022 28.10.2022 5 / 5