Jothinathan v. The State Information Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.1660 of 2015 Jothinathan ... Petitioner Vs.

1.The State Information Officer, 378, 1st Floor, Kamathenu Co-opearative Society Building, Thenapet, Anna Salai, Chennai 18.

2.The Additional Director, Rural Development Department, Panagal Building, Saidapet, Chennai 15.

3.The Assistant Director, Rural Development Department, Panagal Building, Saidapet, Chennai 15.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner's appeal dated 17.7.14 under Right to Information Act 2005.

For Petitioner : Mr.A.N.Ramanathan For 1st Respondent : Mr.K.K.Senthil For Respondents 2&3 : Mr.T.R.Janarthanam, Additional Government Pleader.

O R D E R

The prayer in the writ petition is to direct the second respondent to dispose of the petitioner's appeal dated 17.7.14 under Right to Information Act 2005.

2.According to the petitioner, the information given by the authority is not proper and correct and therefore, he has preferred an appeal before the second respondent on 17.07.2014 as per the said Act. Since no order has been passed so far, the present writ petition has been filed.

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3.Learned counsel for the first respondent submitted that as per Section 19(3) of the Act, if the petitioner is aggrieved against either the order or even the order is not being passed within the stipulated time, he can prefer second appeal instead of preferring second appeal, he made only a representation to the first respondent. 4.Considering the above stated facts and circumstances, the first respondent is directed to treat the representation of the petitioner as second appeal and pass appropriate orders on merits in accordance with law as expeditiously as possible. The petitioner is also directed to submit all the documents to the first respondent.

5.Accordingly, the writ petition is disposed of. No costs. Sd/ Assistant Registrar /True copy/ sub Assistant Registrar(c.s) To 1.The State Information Officer, 378, 1st Floor, Kamathenu Co-opearative Society Building, Thenapet, Anna Salai, Chennai 18.

2.The Additional Director, Rural Development Department, Panagal Building, Saidapet, Chennai 15.

3.The Assistant Director, Rural Development Department, Panagal Building, Saidapet, Chennai 15.

+1cc to Mr. K.K.Senthil Advocate in SR.No. 6304. TS/24.02.2015/2P-5C Writ Petition (MD)No.1660 of 2015 11.02.2015 https://hcservices.ecourts.gov.in/hcservices/