A.Pandi v. Assistant General Information

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 05.01.2018

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.10352 of 2014 A.Pandi . . .Petitioner -Vs1. The Assistant General Information Officer, (Secretary of Panchayat), Periakottai Panchayat, Sakkottai Panchayat Union, Sivagangai District.

2. The District Collector, (Appellate Officer), Sivaganga.

3. The Assistant Block Development Officer, General Information Officer, B.D.O., Office, Sakkottai, Sivaganga District.

. . .Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to furnish informations sought for as per petition dated 09.10.2013 by me and directing the respondents 2 and 3 to take action against the 1st respondent for nonfurnishing of information within the period as specified under the Right to Information Act as per the provisions of the said Act. For petitioner : Mr.R.Sundar Srinivasan For respondents : Mr.M.Rajarajan Government Advocate

ORDER

The Writ Petition has been filed to direct the the respondents to furnish informations sought for as per petition dated 09.10.2013 by the petitioner and to direct the respondents 2 and 3 to take action against the 1st respondent for non-furnishing

of information within the period as specified under the Right to Information Act.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

3.The learned counsel for the petitioner submitted that the petitioner have filed an application on 09.10.2013 before the third respondent under Right to Information Act for getting some details. Since the application was not disposed of by the third respondent within the statutory period, the petitioner filed an appeal before the second respondent / The District Collector on 22.11.2013 for the same relief. After receiving the said appeal, the second respondent by communication dated 18.12.2013 directed the third respondent to furnish the details requested by the petitioner, but the third respondent did not furnish the copies of the details to the petitioner. Hence, the petitioner filed this Writ Petition.

4.Considering the facts and circumstances of the case, since the appellate authority already directed the third respondent to furnish the copies to the petitioner, the third respondent is directed to furnish the copies to the petitioner as required by him, if it is available with the third respondent, within a period of four weeks from the date of receipt of a copy of this Order.

5.With above direction this Writ Petition is closed. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Assistant General Information Officer, (Secretary of Panchayat), Periakottai Panchayat, Sakkottai Panchayat Union, Sivagangai District.

2.The District Collector, (Appellate Officer), Sivaganga.

3. The Assistant Block Development Officer, General Information Officer, B.D.O., Office, Sakkottai, Sivaganga District.

+ 1 cc TO Mr.R.Sundar Srinivasan , Advocate in SR No. 40609 ta AE/MR/SAR4/22.01.2018/3P/5C W.P.(MD).No.10352 of 2014 05.01.2018