D.Vijayalakshmi v. The Tamil Nadu Information Commission,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2023
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.618 of 2020 and WMP.No.723 of 2020 D.Vijayalakshmi ... petitioner -Vs1. The Tamil Nadu Information Commission, Rep. by the State Information Commissioner, No.2 Thiyagaraya Street, (Adjacent to Alaiyamman Temple), Teynampet, Chennai 600018.
2. The Commissioner/Public Authority, Coimbatore Corporation, Townhall, Coimbatore 641001.
3. The Public Information Officer, Coimbatore corporation (Central Zone) Coimbatore 641018.
4. The Public Information Officer, District Collector Office, Collectorate, Coimbatore 641018.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Mandamus directing the 2nd respondent to supply the Required information as per the directions of the 1st Respondent in case No.60613 / D 2013 which was later confirmed by the Honourable Court W.P.37664 /2015
within a reasonable time as may be fixed by this Honourable court and consequently directing the respondents to give reasonable compensation to me for causing Mental agony to the women senior citizen and denying my fundamental and statutory rights.
For petitioner : Mr. D.Vijayalakshmi (Party in Person) For Respondents : Mr.K.Magesh For RR2 & 3 Mr.Alagu Gautham, GA R1
O R D E R
This petition has been filed seeking a direction to the 2nd respondent to supply the Required information as per the directions of the 1st Respondent in case No.60613 / D 2013 which was later confirmed by the Honourable Court W.P.37664 /2015 within a reasonable time as may be fixed by this Honourable court and consequently, directing the respondents to give reasonable compensation to the petitioner for causing Mental agony to the women senior citizen and denying her fundamental and statutory rights.
2. It is the case of the petitioner that she filed a petition under Right to Information Act to the 4th respondent on 07.10.2013 seeking some information about the change of door number. In this regard, the Coimbatore Corporation forwarded the petition to the 3rd respondent on 10.10.2013 and the First respondent has conducted enquiry in this regard and on 04.09.2015, imposed
penalty against the 3rd respondent for denying information to the petitioner under Section 20(1) of the Right to Information Act. Without giving any information, the first respondent has closed the case on 19.12.2015. Challenging the order dated 04.09.2015 of the first respondent, the Public Information Officer filed a writ petition before this Court in W.P.No.37664/2015 and this Court dismissed the writ petition on 24.10.2018. Till date, the respondents have not furnished any information. Therefore, the writ petition has filed seeking a direction to the second respondent to comply with the order of the first respondent and also to pay compensation to the petitioner for causing mental agony and denying her right to property.
3. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the Government and perused the materials available on record.
4. On perusal of the order dated 09.12.2015 by the first respondent, it is clearly seen that the information sought for by the petitioner has been furnished and therefore, the petition has been closed. If at all, the petitioner has any grievance in respect of the order passed by the first respondent, she has to
challenge the order dated 09.12.2015. Instead of doing that, the petitioner filed the present writ petition seeking mandamus, which is not maintainable and therefore, the prayer sought for by the petitioner cannot be granted. However, liberty is granted to the petitioner to work out her remedy in the manner known to law.
5. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 29.03.2023 rli To
1. The Tamil Nadu Information Commission, Rep. by the State Information Commissioner, No.2 Thiyagaraya Street, (Adjacent to Alaiyamman Temple), Teynampet, Chennai 600018.
2. The Commissioner/Public Authority, Coimbatore Corporation, Townhall, Coimbatore 641001.
3. The Public Information Officer, Coimbatore corporation (Central Zone) Coimbatore 641018.
4. The Public Information Officer, District Collector Office, Collectorate, Coimbatore 641018.
M.DHANDAPANI, J.
rli W.P.No.618 of 2020 29.03.2023