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Madras High CourtWP(MD)/2906/2022disposed of

Dr. Prasanna Natchiyar.M v. The State Information Commissioner

2022-02-14Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.2906 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.2906 of 2022 Dr.M.Prasanna Natchiyar ... Petitioner Vs.

1.The State Information Commissioner, Tamil Nadu Information Commission, No.2, Thiyagaraya Salai,Near Aalai Amman Kovil, Teynampet,Chennai - 600 018.

2.The Appellate Authority / District Collector, District Collectorate Campus,Tirunelveli District. 3.The Public Information Officer / Regional Deputy Tahsildar,Palayamkottai, Tirunelveli District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose the appeal preferred by the petitioner dated 10.08.2021 and take appropriate action against the third respondent under Section 20 of the Right to Information Act, 2005 for nonproviding Information within the time stipulated by this Court. For Petitioner :

Mr.I.Pinaygash For Respondent No.1 :

Mr.Raghuvaran Gopalan, Standing Counsel For Respondents 2&3 :

Mr.M.Lingadurai, Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to dispose of petitioner's appeal dated 10.08.2021 within a time frame to be fixed by this Court. 2.The aforementioned appeal has been filed by the petitioner under Section 20 of the Right to Information Act, 2005. The said appeal was filed on 10.08.2021. Since the said appeal has not been disposed of on merits till date, the petitioner has filed this writ petition seeking for early disposal.

3.Heard Mr.I.Pinaygash, learned counsel appearing for the petitioner, Mr.Raghuvaran Gopalan, learned Standing Counsel who accepts notice on behalf of the first respondent and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the second and third respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.2906 of 2022 4.Learned Standing Counsel for the first respondent would submit that within a period of three [3] months from the date of receipt of a copy of this order, the first respondent will be in a position to dispose of the appeal filed by the petitioner under Section 20 of the Right to Information Act, 2005. The said statement is recorded.

5.Accordingly, this Court directs the first respondent to pass final orders on the appeal filed by the petitioner under Section 20 of the Right to Information Act, 2005 on merits and in accordance with law after affording a fair opportunity of hearing to the petitioner within a period of three [3] months from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned.

To 1.The State Information Commissioner, Tamil Nadu Information Commission, No.2, Thiyagaraya Salai,Near Aalai Amman Kovil, Teynampet,Chennai - 600 018.

2.The Appellate Authority / District Collector, District Collectorate Campus,Tirunelveli District. 3.The Public Information Officer / Regional Deputy Tahsildar,Palayamkottai,Tirunelveli District. +1 CC to M/s.RAGUVARAN GOPALAN, Advocate (SR-6602[F] dated 16/02/2022) +1 CC to M/s.SPL GP ( SR-6185[F] dated 15/02/2022) W.P.[MD]No.2906 of 2022 14.02.2022 AP(26.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2