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Madras High CourtWP/34276/2023disposed of

C.Seenivasan v. The State Rep By

2024-01-10Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU C.Seenivasan ... Petitioner -vsThe State represented by

1. The Commissioner, State Information Commission, Block No. 19, Government Farm Village, Nandanam, Chennai - 600 035.

2. The District Officer/First Appellate Authority, District Revenue Office, Collector Office, Krishnagiri District.

3. The Public Information Officer, Personal Assistant to the District Collector (General), District Collector Office, Krishnagiri District - 635 115.

4. V.Kalipriyan (R4 is impleaded vide order dated 10.01.2024 in W.M.P. No. 979 of 2024) ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to dispose the Second Appeal (S.A. No. 7063/2023) preferred by the Petitioner on 15.04.2023 and furnish the information which has been sought thereon. 1/5

For Petitioner :

Mr. R.Thirumoorthy For Respondents :

Mr. C.Vigneswaran, Standing Counsel (for R1) Mr. U.Baranidharan, Additional Government Pleader (for R2 & R3)

O R D E R

Heard Mr R.Thirumoorthy, Learned Counsel for the Petitioner, Mr. C.Vigneswaran, Learned Standing Counsel appearing for the First Respondent and Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the Second and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Fourth Respondent, notice to him is dispensed with.

3.

The Writ Petition has been filed for directing the First Respondent to dispose the Second Appeal in S.A. No. 7063/2023 preferred by the Petitioner on 15.04.2023 and furnish the information sought by him. 2/5

4.

Learned Standing Counsel appearing for the First Respondent, on instructions, states that the aforesaid Second Appeal filed by the Petitioner would be listed for hearing as per the chronological sequence of filing in due course. The said submission is placed on record. 5.

Having regard to the limited nature of relief sought in the Writ Petition, the Second Appeal in S.A. No. 7063/2023 shall be listed before the First Respondent on 13.03.2024. The Petitioner and the Second to Fourth Respondents shall appear for that hearing without fail. If the First Respondent is not in a position to take up the matter for hearing on that date, it shall inform to all parties concerned of the date of hearing to which it is adjourned in the prescribed manner. It shall be incumbent upon the First Respondent to afford full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment.

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In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

10.01.2024 2/2 Index: Yes/No NCC: Yes/No Note: Issue order copy by 07.02.2024.

vjt To

1. The Commissioner, State Information Commission, Block No. 19, Government Farm Village, Nandanam, Chennai - 600 035.

2. The District Officer/First Appellate Authority, District Revenue Office, Collector Office, Krishnagiri District.

3. The Public Information Officer, Personal Assistant to the District Collector (General), District Collector Office, Krishnagiri District - 635 115.

Copy to V.Kalipriyan, Assistant Engineer, Water Reservoir Project Sub-Division, Krishnagiri Taluk, Krishnagiri District.

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P.D. AUDIKESAVALU, J.

vjt 10.01.2024 2/2 5/5