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Madras High CourtWP/16567/2017dismissed

Tamilnadu Road Safety v. Public Information Officer

2022-03-08Honourable Mr Justice V. Bharathidasan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P. No. 16567 of 2017 Tamil Nadu Road Safety Contractors Association, rep. by its Secretary P.Senthilkumar

...Petitioner

Versus

1. Public Information Officer, Under Secretary to Government, Highways & Minor Ports (HN2) Department, Secretariat, Chennai-9.

2. Public Information Officer/ The Chief Personal Officer, O/o. The Director General, Highways Department, (Highways Research Station Complex), No.76, Sardar Vallabai Patel Road, Guindy, Chennai-25.

3. Public Information Officer, Coimbatore.

4. Public Information Officer,

5. Public Information Officer,

6. Public Information Officer,

Tirunelveli.

7. Public Information Officer, Madurai.

8. Public Information Officer, Trichy - 620 020.

9. Public Information Officer, Villupuram.

10. Public Information Officer,

11. Public Information Officer, Erode.

12. Public Information Officer, Virudhunagar - 626 001.

13. Public Information Officer, Vellore.

14. Public Information Officer, ..Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned orders (i) Letter No.1061/2017/E.Va.A. dt.

05.06.2017 on the file of the 10th respondent, (ii) Letter No.1273/2017/Va.A-1 dated 06.06.2017 on the file of 9th respondent; and N.K.No. 792/2017/E.Va.A.1, dated 16.06.2017 on the file of 11th respondent and Letter No.806/2017/A4 dated 15.06.2017 on the file of the 12th respondent and quash the same; consequently direct the respective respondents to furnish true and correct information as sought for by the petitioner in the application dated 29.05.2017 and 02.06.2017 within the time stipulated under Right to Information Act.

For Petitioner : Ms.P.Kasthuri for E.Gomathi For Respondents : Mr.M.Shahjahan, Special Govt. Pleader

O R D E R

Agains the order passed by the respondents 9 to 12 Information Officer, the present Writ Petition has been filed.

2. Admittedly, against the order passed by the respondents 9 to 12 Public Information Officer, there is an appeal remedy provided under Sec.19 of Right to Information Act. Without availing the appeal remedy, the petitioner cannot maintain a Writ Petition. Hence, this Writ Petition is liable to be dismissed. Accordingly, this Writ Petition is dismissed. However, it is open to the petitioner to challenge the order by way of filing appeal, if he so advised. No costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar rpp To

1. Public Information Officer, Under Secretary to Government, Highways & Minor Ports (HN2) Department, Secretariat, Chennai-9.

2. Public Information Officer/ The Chief Personal Officer, O/o. The Director General, Highways Department, (Highways Research Station Complex), No.76, Sardar Vallabai Patel Road, Guindy, Chennai-25.

3. Public Information Officer, Coimbatore.

4. Public Information Officer,

5. Public Information Officer,

6. Public Information Officer, Tirunelveli.

7. Public Information Officer, Madurai.

8. Public Information Officer, Trichy - 620 020.

9. Public Information Officer, Villupuram.

10. Public Information Officer,

11. Public Information Officer, Erode.

12. Public Information Officer, Virudhunagar - 626 001.

13. Public Information Officer, Vellore.

14. Public Information Officer, +1 CC to Mr.E. Gomathi, Advocate sr 15354.

+1 CC to The Special Government Pleader sr 16276. W.P.No. 16567 of 2017 SKM(CO) SP(16/05/2022)