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Madras High CourtWP/34134/2022disposed of

M/S.Anand Agency v. The Central Information Commission

2023-01-11Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.34134 of 2022 M/s.Anand Agency, Sole-Proprietorship firm, Represented by its proprietor, Mr.J.Paramanandam, Having office at J.P.Tower, 7/2, Thirumurthy Nagar Main Road, Nungambakkam, Chennai - 600 034.

.. Petitioner Vs.

1.The Central Information Commission, CIC Bhawan, Baba Ganganath Marg, Munirka, New Delhi - 110 067.

2.The Joint Director and Head of Zone, (CBI), Chennai Zone, III Floor, E.V.K.Sampath Building, College Road, Chennai - 600 006.

3.The Superintendent of Police, Central Bureau of Investigation, Anti-Corruption Bureau, Shastri Bhavan, Chennai - 600 006.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to dispose the Second Appeal dated 08.07.2022 filed by the petitioner under Section 19(3) of the Right to Information Act, 2005 on merits and in accordance with law within a reasonable period after affording an opportunity of hearing to the petitioner.

For Petitioner .. Mr.Satish Parasaran, Senior Counsel For R1 .. Mr.Venkataswamy Babu, Senior Panel Counsel

ORDER

This Writ Petition has been filed in the nature of Mandamus seeking a direction to the 1st respondent, the Central Information Commission at New Delhi to dispose of Second Appeal, which had been filed on 08.07.2022 by the petitioner taking advantage of Section 19(3) of the Right to Information Act, 2005.

2.Since the Second Appeal is now under the consideration of the 1st respondent, it may not be proper on the part of this Court to examine the facts and circumstances necessitating the petitioner in the first instance to seek information and thereafter to file the said Second Appeal. The entire issue is under the purview of the 1st respondent. 3.Mr.Venkataswamy Babu, learned Senior Panel Counsel, has taken notice on behalf of the 1st respondent. It is stated by the learned counsel that the 1st respondent would, in accordance with the rules and regulations, dispose of the Second Appeal within a period of 12 weeks from the date of this order.

4.I am confident that the said time limit would be kept up by the 1st respondent. No further orders are required. The Writ Petition stands disposed of. No costs.

11.01.2023 Index:Yes/No Internet:Yes/No smv

To 1.The Central Information Commission, CIC Bhawan, Baba Ganganath Marg, Munirka, New Delhi - 110 067.

2.The Joint Director and Head of Zone, (CBI), Chennai Zone, III Floor, E.V.K.Sampath Building, College Road, Chennai - 600 006.

3.The Superintendent of Police, Central Bureau of Investigation, Anti-Corruption Bureau, Shastri Bhavan, Chennai - 600 006.

C.V.KARTHIKEYAN,J.

Smv W.P.No.34134 of 2022 11.01.2023