Vrp. Mohanraj v. The Principal Secretary And Agricultural Production

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025

CORAM

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

1. The Principal Secretary and Agricultural Production Commissioner of Government of Tamilnadu, 1, Wallaja Road, PWD Estate, Chepauk, Chennai - 600005.

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

3. 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 to direct the Respondents, particularly the 3rd Respondent to dispose the Petitioner's RTI Application filed before him dated 23.09.2024 with regard to furnishing the particulars of establishment of Integrated Vegetable Central Market and 648 Vegetable shops in 6 Blocks at the estimated cost of Rs.85.00 Crores as stated in the G.O.Ms.No.182, dated 26.08.2010, passed by the first respondent.

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For Petitioner : Mr.R.Murugappan For Respondent 1 : Mr.A.Kannan, Addl. Govt. Pleader.

For Respondents 2 & 3 : Mr.F.Deepak

O R D E R

The writ petition is filed for a writ of mandamus directing the respondents, particularly the third respondent, to dispose of the petitioner's RTI Application filed before him on 23.09.2024, 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 third respondent on 23.09.2024, to furnish the 2/5

details sought for by him. There was no response from the third respondent on the application sent by the petitioner under Section 6 of the Right to Information Act. Therefore, the petitioner filed the above writ petition for the aforesaid relief.

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, has 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, by way of an appeal to the second 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 second respondent.

5. With the above liberty, this writ petition is disposed of. No costs. 30.01.2025 NCC:yes/no Index:yes/no Internet:yes/no dixit 3/5

To:

1. The Principal Secretary and Agricultural Production Commissioner of Government of Tamilnadu, 1, Wallaja Road, PWD Estate, Chepauk, Chennai - 600005.

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

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

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N.MALA, J.

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