Muniraju.R, v. The State Information Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Muniraju R.

... Petitioner -vs1. The State Information Commissioner, No. 19, Arasupannai Gramam, Nandanam, Chennai - 600 005.

2. The Public Information Officer, Office of the District Collector, Krishnagiri District.

3. The Assistant Commissioner, Tamil Nadu Archives & Historical Research, Egmore, Chennai - 600 008.

... 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 consider the Petitioner's Appeal dated 03.05.2023 by furnishing the information sought under the Right to Information Act, 2005, to the Petitioner within the time frame as fixed by this Court.

1/5

For Petitioner :

Mr. G.M.Ananthakumar For Respondents :

Mr. C.Vigneswaran, Standing Counsel (for R1) Mr. S.Balamurugan, Government Advocate (for R2 & R3)

O R D E R

Heard Mr. G.M.Ananthakumar, Learned Counsel for the Petitioner, Mr. C.Vigneswaran, Learned Standing Counsel, who takes notice for the First Respondent, and Mr. S.Balamurugan, Learned Government Advocate, who takes notice for the Second and Third Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the First Respondent to consider the appeal dated 03.05.2023 filed by the Petitioner by furnishing the information sought under the Right to Information Act, 2005, to the Petitioner within the time limit that may be fixed by the Court. 3.

Learned Standing Counsel appearing for the First Respondent, on instructions, states that the Second Appeal filed by the Petitioner has been taken on file as Case No. SA/23031/SCIC/2022 and that it would be listed for hearing as per the chronological sequence of filing in due course. The said submission is placed on record.

2/5

4.

Having regard to the limited nature of relief sought in the Writ Petition, the Second Appeal in Case No. SA/23031/SCIC/2022 shall be listed before the First Respondent on 13.03.2024. The Petitioner and the Second and Third 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.

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

05.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 07.02.2024.

vjt 3/5

To

1. The State Information Commissioner, No. 19, Arasupannai Gramam, Nandanam, Chennai - 600 005.

2. The Public Information Officer, Office of the District Collector, Krishnagiri District.

3. The Assistant Commissioner, Tamil Nadu Archives & Historical Research, Egmore, Chennai - 600 008.

4/5

P.D. AUDIKESAVALU, J.

vjt 05.01.2024 5/5