G.Subramanian v. The State Information

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9434 of 2018 G.Subramanian ... Petitioner vs.

1. The State Information Commission rep.by its Registrar No.2, Thiyagaraja Salai Teynampet, Chennai-600 018

2. The Appellate Authority / Commissioner Karaikudi Municipality Karaikudi, Sivagangai District ... Respondents PRAYER: 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, dated 08.01.2018, within a stipulated time.

For Petitioner :

Mr.P.Arun Jayatram For Respondents :

Mr.K.K.Senthil for R1 Mr.P.Mahendran for R2

O R D E R

Mr.K.K.Senthil, learned counsel, takes notice for the first respondent and Mr.P.Mahendran, learned counsel takes notice for the second respondent.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his appeal dated 08.01.2018 preferred under the Right to Information Act has not been disposed by the first respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the appeal preferred by the petitioner. It is needless to point out that whenever an appeal of this nature is preferred, the respondents are duty bound to dispose the same in https://hcservices.ecourts.gov.in/hcservices/

one way or the other. Non-disposal of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to dispose the petitioner's appeal within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to dispose the petitioner's appeal dated 08.01.2018 on its own merits, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Registrar, State Information Commission, No.2, Thiyagaraja Salai Teynampet, Chennai-600 018

2. The Appellate Authority / Commissioner Karaikudi Municipality Karaikudi, Sivagangai District.

+ 1 cc TO Mr.P.Mahendran , Advocate in SR No. 64075 + 1 cc TO Mr.K.K.Senthil , Advocate in SR No. 63867 + 1 cc TO Mr.P.Arun Jeyatram , Advocate in SR No. 63651 krk AE/SV MMS/SAR1/15.05.2018/2P/6C W.P.(MD) No.9434 of 2018 26.04.2018 https://hcservices.ecourts.gov.in/hcservices/