V.R.P. Mohanraj v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA V.R.P.Mohanraj ... Petitioner Vs.

1. The Commissioner Madurai Corporation, Anna Maligai, Madurai - 625002.

2. The General Information Officer, Madurai Corporation, Anna Maligai, Madurai - 625002.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus direct the Respondents, particularly the 2nd Respondent to dispose the Petitioners RTI Application filed before him dated 03.06.2024 with regard to furnishing the particulars about Mattuthavani Integrated Vegetable Central Market, Madurai to him. For Petitioner : Mr.R.Murugappan For Respondents : Mr.K.Sivabalan Standing Counsel

O R D E R

The writ petition is filed for a writ of mandamus directing the respondents, particularly the second respondent, to dispose of the petitioner's 1/4

RTI Application filed before him on 03.06.2024 with regard to furnishing of certain particulars sought for by him.

2. With consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner is the President of the Integrated Vegetable Shopping Complex Merchants Welfare Association, Mattuthavani Central Market, Madurai. The petitioner has a registered vegetable shop in Mattuthavani integrated vegetable market. While so, the petitioner was given to understand that a proposal was pending before the respondent's office for shifting Mattuthavani integrated market to the outskirts of Madurai. The petitioner wanted particulars with regard to shifting of Mattuthavani integrated market. For that purpose, the petitioner submitted a petition under Section 6 of the Right to Information Act to the second respondent on 03.06.2024. The petitioner thereafter sent a reminder on 23.09.2024, to furnish the details sought for by him. There was no response from the second respondent on the application sent by the petitioner under Section 6 of the Right to Information Act as well as the reminder sent by him. Therefore, the petitioner filed the above writ petition for the aforesaid relief. 2/4

4. It is seen that the petitioner has a right of appeal under Section 19(1) of the Right to Information Act before the Commissioner. The petitioner without exhausting the alternative remedy rushed to this Court without any valid reason for circumventing the alternative remedy available under the Act. As the petitioner has an efficacious and alternative remedy under Section 19(1) of the Right to Information Act, of an appeal to the first respondent, I am not inclined to entertain this writ petition. In any event, liberty is given to the petitioner to file a statutory appeal to the first respondent.

7. With the above liberty, this writ petition is disposed of. No costs. 29.01.2025 NCC:yes/no Index:yes/no Internet:yes/no CM To:

1. The Commissioner Madurai Corporation, Anna Maligai, Madurai - 625002.

2. The General Information Officer, Madurai Corporation, Anna Maligai, Madurai - 625002.

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N.MALA, J.

CM 29.01.2025 4/4