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Madras High CourtWP(MD)/15087/2015disposed of

Kondaivellai v. The Commissioner

2015-08-21Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.15087 of 2015 Kondaivellai ... Petitioner Vs.

1.The Commissioner, State Information Commission, Old No.273, New No.378, Anna Salai, Thenam pet, Chennai.

2.The Appellate Authority/Assistant Director, Office of the College Educational Officer, Madurai Zone, Sennai Nagar, Madurai.

3.The Public Information Officer/Principal, Lady Doak College, Thallakulam, Madurai.

...

Respondents This Writ Petition has been filed under Article 226 of Constitution of India praying for a Writ of Mandamus directing the first respondent to consider and pass orders on the petitioner's second appeal dated 07.02.2015 preferred under Section 19(3) of the Right to Information Act, 2005, by considering the petitioner's reminder, dated 08.07.2015 to second appeal within the time stipulated by this Honourable Court. For petitioner : Mr.R.Alagumani For R-1 : Mr.K.K.Senthil For R-2 & R-3 :Mr.V.Muruganantham, Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the first respondent to consider and pass orders on the petitioner's second appeal, dated 07.02.2015, preferred under Section 19

(3) of the Right to Information Act, 2005, by considering the petitioner's reminder, dated 08.07.2015 within a stipulated time.

2. Mr.K.K.Senthil, learned counsel takes notice for the first respondent and Mr.V.Muruganantham, learned Additional Government Pleader takes notice for R-2 and R-3.

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3. By consent, this Writ Petition itself is taken up final disposal.

4. In the affidavit filed support of the Writ Petition, it has been

averred that the petitioner along with his family members has sent an application under Right to Information Act on 30.08.2015 seeking to furnish certain information relating to lady doak college. But the second respondent refused to furnish the information sought for by the petitioner. Hence, the petitioner sent a letter to the third respondent on 12.09.2014 seeking to furnish those information. In the meanwhile, the third respondent sent a letter, dated 18.10.2014, stating that she is not the competent authority to give information. Hence, the petitioner preferred first appeal, dated 13.11.2014 to the second respondent. The second respondent sent a letter to the third respondent and in which it is mentioned that the third respondent would provide particulars on the basis of the application submitted by the petitioner.

But the respondents 2 and 3 had not provide particulars. Hence, the petitioner preferred second appeal, dated 07.02.2015 to the first respondent. Since the same was not disposed of till date, the petitioner has come forward with this Writ petition for the above stated relief.

5. Considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the first respondent to dispose of the second appeal filed by the petitioner, dated 07.02.2015, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar.

To 1.The Commissioner, State Information Commission, Old No.273, New No.378, Anna Salai, Thenam pet, Chennai.

2.The Appellate Authority/Assistant Director, Office of the College Educational Officer, Madurai Zone, Sennai Nagar, Madurai. 3.The Public Information Officer/Principal, Lady Doak College, Thallakulam, Madurai.

1CC to Mr.K.K.Senthil, Advocate, SR.No. 49001 W.P(MD).No.15087 of 2015 21.08.2015 2P/5C AM/GSV.PM/SAR(J)/08.09.2015.

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