M.Ramalingam v. Tamil Nadu Public Information Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:10.03.2025 Coram THE HON'BLE MR. JUSTICE J.SATHYA NARAYANA PRASAD M.Ramalingam, S/o Muthukaruppan, No.334, Gandhi Nagar, Nallur Post, Veppur Taluk, Cuddalore District 606 302.
.. Petitioner /versus/ 1.Tamil Nadu Public Information Commissioner, No.19, Government Farm Village Panepet, Nandanam, Chennai 600 035.
2.Appellate Public Information Officer, Project Director, District Rural Development Agency(DRDA), Cuddalore 607 001.
3.Public Information Officer, Block Development Office, Nallur Village Panchayat, Nallur, Veppur Taluk, Cuddalore 606 302.
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4.Assistant Public Information Officer, Panchayat Secretary Nallur, Nallur Village, Veppur Taluk, Cuddalore 606302.
.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Madamus to direct the respondents to furnish the information sought by the petitioner as mentioned in RTI application dated 21.04.2022 consequently, by impose penalities against the 3rd respndent as per Section 20 of Right to Information Act, 2005 for the disobedience of the order dated 22.02.2024 passed in SA 12670/F/2022 on the file of 1st respondent within a stipulated period of time as fixed by this Hon'ble Court.
For Petitioner :Mr.M.P.Bharathi For Respondents :Mr.C.Vigneswaran, Standing Counsel for R1 Mr.M.Rajendrian, AGP for R2 Mr.V.Manoharan, AGP for R3 and R4.
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ORDER
The Writ Petition has been filed praying for issuance of a Writ of Madamus to direct the respondents to furnish the information sought by the petitioner as mentioned in RTI application dated 21.04.2022, consequently, by impose penalities against the 3rd respndent, as per Section 20 of Right to 2/8
Information Act, 2005 for the disobedience of the order dated 22.02.2024 passed in SA 12670/F/2022 on the file of 1st respondent within a stipulated period of time as fixed by this Hon'ble Court.
2. The brief facts of the case is as below:- The petitioner made an application dated 24.04.2022 under RTI Act to the 3th respondent to furnish information about Nallur Village Panchayat, Cuddalore District. The 3rd respondent did not consider his application. Therefore, the petitioner filed an appeal before the second respondent dated 30.05.2022 and the 2nd respondent directed the third respondent to furnish the information sought for by the petitioner and report the same. However, the third respondent has not furnished any information to the petitioner and the second respondent has not passed any order on the appeal filed by the petitioner.
3. Challenging the said inaction of the 2nd and 3rd respondents, the petitioner preferred a second appeal before the first respondent on 3/8
14.07.2022 which was numbered as SA12670/F/2022. The second respondent again sent a letter dated 29.07.2022 to the third respondent directing him to furnish the information on or before 15.08.2022 and report the same to the second respondent. However, the third respondent sent a letter dated 22.08.2022 to the petitioner with incomplete details.
4. When the petitioner approached the fourth respondent, he stated that since he was in meeting and could not furnish the information at present. Thereafter, the petitioner received a letter dated 13.09.2022 stating the third respondent was directed to issue information within a peirod of one month. If not furnished, the petitioner sent a letter to the first respondent with his particulars. Again the petitioner sent a letter to the first respondent that no information was furnished within a period of one month. Further, the third respondent sent letter stating that information already sent to the petitioner on 22.08.2022.
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5. After enquiry, the first respondent passed an order in the second appeal SA12670/F/2022 dated 22.02.2024 directing the third respondent to furnish the information to the petitioner free of charge by registered post with the acknowledgment card within a period of one week of receiving the order, with due attestation and copy of acknowledgement card received by the petitioner and a copy of the information given to him by the registered post to this commission and the matter stands disposed of. If the third respondents fails to furnish the information sought in the petition, action under Section 20(1) will be initiated against the third respondent. Eventhough the first respondent passed an order dated 22.02.2024, the third respondent has not furnished full and proper information. Hence, this writ petition has been filed for the aforesaid prayer.
6. When the matter is taken up for hearing, the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the second respondent submitted that the pending writ 5/8
petition, information sought for by the petitioner has been furnished by the third respondent to the petitioner. Hence, nothing survives in this writ petition for further adjudication.
7. Accordingly, this Writ Petition is disposed of. No costs. 10.03.2025 Index:yes/no Speaking order/non speaking order ari To 1.Tamil Nadu Public Information Commissioner, No.19, Government Farm Village Panepet, Nandanam, Chennai 600 035.
2.Appellate Public Information Officer, Project Director, District Rural Development Agency(DRDA), Cuddalore 607 001.
3.Public Information Officer, Block Development Office, Nallur Village Panchayat, Nallur, Veppur Taluk, Cuddalore 606 302. 4.Assistant Public Information Officer, Panchayat Secretary Nallur, Nallur Village, Veppur Taluk, Cuddalore 606302. 6/8
J.SATHYA NARAYANA PRASAD,J.
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