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Madras High CourtWP/12510/2017disposed of

Mr.O.V. Krishnan v. The Appellate Authority /

2019-12-19Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.12510 of 2017 O.V.Krishnan ...

Petitioner Vs

1. The Appellate Authority / Tahsildar, Taluk Office, Cheyyur - 603 302, Kanchipuram District.

2. Information Officer / Deputy Tahsildar, Taluk Office, Cheyyur - 603 302, Kanchipuram District.

....

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to furnish information along with certified copies of documents as requested in petitioner's petition dated 07.08.2015 and appeal dated 23.09.2015 to the petitioner herein. For petitioner : Mr.R.Chellamuthu For respondents : Mr.R.S. Selvam, Government Advocate

ORDER

This writ petition has been filed for a mandamus to direct the respondents to furnish the information along with the certified copies of documents as requested by the petitioner in his representation, dated 07.08.2015 to the second respondent. 2.It is the case of the petitioner that he made a representation to the second respondent on 07.08.2015 seeking certain details under the Right to Information Act. Despite the said representation, the second respondent did not furnish the information sought for by the petitioner. Since, within the statutory period under the Right to Information Act, the second respondent did not furnish the information, the petitioner preferred an appeal before the first respondent. It is the case of the petitioner during the pendency of the appeal, the second respondent rejected the representation of the petitioner, vide https://hcservices.ecourts.gov.in/hcservices/

his order in Na.Ka.No.4787/2016/B1, dated 20.09.2016. 3.The learned Government Advocate appearing for the respondents submits that the appeal filed by the petitioner is still pending on the file of the first respondent. Since, the appeal is pending, in the interest of the petitioner, a direction can be given to the first respondent to dispose of the appeal within a time frame. The learned counsel for the petitioner has not raised any serious objection if such a direction is issued by this Court.

4.For the foregoing reasons, the first respondent is directed to dispose of the appeal filed by the petitioner on 23.09.2015, aggrieved by the non consideration of the petitioner's representation, dated 07.08.2015 to the first respondent in accordance with law within a period of three weeks from the date of receipt of a copy of this order. It is made clear that the first respondent while disposing of the appeal shall take into consideration the rejection order of the second respondent, dated 20.09.2016.

5.With the aforesaid direction, the writ petition is disposed of .

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar vsi2 To

1. The Appellate Authority / Tahsildar, Taluk Office, Cheyyur - 603 302, Kanchipuram District.

2. The Information Officer / Deputy Tahsildar, Taluk Office, Cheyyur - 603 302, Kanchipuram District.

+1cc to Mr.R.Chellamuthu, Advocate, S.R.No. 105605 +1cc to the Government Pleader, S.R.No. 106306 W.P. No.12510 of 2017 SSI(CO) GN(03/02/2020) https://hcservices.ecourts.gov.in/hcservices/