Madras High CourtWP(MD)/3597/2022disposed of

Rajapandian P v. The State Information Commissioner

2022-02-25Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Rajapandian .. Petitioner Vs 1.The State Information Commissioner, Tamil Nadu State Information Commission, Teyampet, Chennai - 600 018.

2.The Public Information Officer, Deputy Director, State Council of Educational Research and Training of Tamilnadu Nungambakkam, Chennai - 600 006.

3.The Principal, District Teachers Education and Training Institution, Munainchipatti, Tirunelveli District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to furnish the information as per the petitioner's application, dated 04.09.2020 under Section 6(1) of the Right to Information Act, 2005, within a period as stipulated by this Court.

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.Raghuvaran Gopalan for R1 Standing Counsel : Mr.T.Amjad Khan for R2 and R3 Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to furnish information as per the petitioner's application dated 04.09.2020 under Section 6(1) of The Right to Information Act, within a time frame to be fixed by this Court.

2.It is the case of the petitioner that he sought for some information with regard to one Teacher Training Institute namely Mahatma Gandhi Teachers Training Institute, Rediyapatti Post, Sankarankovil Taluk, Tirunelveli District, from the second respondent through an application dated 04.09.2020, under the Right to Information Act, 2005. It is the case of the petitioner that on 1/3

29.09.2020, the second respondent has issued directions to the third respondent through his letter dated 26.09.2020, to furnish the details sought for by the petitioner and report compliance of the same. According to the petitioner, the third respondent has not obeyed the order of the second respondent by not furnishing the information sought for by the petitioner.

3.Thereafter, the petitioner has sent a reminder to the second respondent on 02.11.2020. Since no reply from him, he has filed a second appeal before the first respondent on 05.12.2020. Since the second appeal has not been disposed of, he has also sent a reminder on 27.03.2021 to the first respondent for early disposal of the second appeal. Since the second appeal has not been disposed of till date, he has filed this writ petition, seeking for early disposal of the second appeal in order to enable the petitioner to get the information sought for in his application dated 04.09.2020 to the second respondent under the Right to Information Act, 2005. 4.Heard Mr.S.Selvakumar, learned counsel for the petitioner, Mr.Raghuvaran Gopalan, learned Standing counsel, who accepts notice on behalf of the first respondent and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents 2 and 3.

5.No prejudice will be caused to the respondents, if the petitioner's request for early disposal of the second appeal filed before the first respondent is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and the third respondent.

6.Accordingly, this Court directs the first respondent to dispose of the second appeal filed by the petitioner under the Right to Information Act, seeking for information from the third respondent with regard to the Teacher Training Institute namely Mahatma Gandhi Teachers Training Institute, Rediyapatti Post, Sankarankovil Taluk, Tirunelveli District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the third respondent, within a period of 12 weeks from the date of receipt of a copy of this order. 7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

Note:In view of the present lock down owing to COVID19 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 State Information Commission, Teyampet, Chennai - 600 018.

2.The Public Information Officer, Deputy Director, State Council of Educational Research and Training of Tamilnadu Nungambakkam, Chennai - 600 006.

3.The Officer in Charge,Principal District Teachers Education and Training Institution, Munainchipatti, Tirunelveli District.

+1 CC to M/s.RAGUVARAN GOPALAN, Advocate ( SR-8666[F] dated 25/02/2022 ) +1 CC to M/s.SPL GP ( SR-9001[F] dated 28/02/2022 ) 25.02.2022 MGJ(15.03.2022) 3P 6C 3/3