Ayyavu.V v. The Tamil Nadu Information Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN V.Ayyavu ... Petitioner Vs.

1.The Tamil Nadu Information Commission, No.2, Thiagaraya Salai, Teynampet, Chennai - 18.

2.The Appellate Authority, (Under RTI Act, 2005) The District Collector Office, Madurai District.

3.The Public Information Officer, Madurai East Taluk, Narasingam, Y.Othakadai, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent commission to dispose of the petitioner's Second Appeal in No.G.No. 70297/E/2021 dated 03.11.2021 under Section 19(3) of the RTI Act, 2005 and pass final order, within stipulated time.

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For Petitioner : Mr.P.M.Vishnuarthanan For R1 : Mr.Raguvaran Gopalan Standing Counsel For R2 and R3 : Mr.J.Ashok Additional Government Pleader

ORDER

The writ petition has been filed in the nature of Mandamus seeking a direction to the first respondent to dispose of an appeal which had been preferred by the petitioner herein.

2. It had earlier been informed this Court that out of 7 sanctioned posts for State Information Commissioner, only two posts are filled up and there are five vacancies. In the earlier writ petition in W.P.(MD)No.7635 of 2023, the following order was passed:

" 3.The learned counsel, who appears on behalf of the first respondent, stated that out of 7 sanctioned posts for State Information Commission, only two posts are filed up and there are five vacancies. It is therefore, stated that no specific time limit can be given.

4.It is hoped that an endeavour would be made to dispose of the second application filed by the petitioner on or before 31.12.2023.

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5.No further orders are required.

6.The Writ Petition stands disposed of. No order as to costs. "

3. Eventhough in the aforementioned order, time has been granted till 31.12.2023, it is seen that their appeal is pending from the year 2022. Therefore a direction is given that the appeal should be disposed of on or before 31.09.2023.

4. This writ petition is disposed of. No costs. 21.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To 1.The Tamil Nadu Information Commission, No.2, Thiagaraya Salai, Teynampet, Chennai - 18. 2.The Appellate Authority (Under RTI Act, 2005), The District Collector Office, Madurai District. 3.The Public Information Officer, Madurai East Taluk, Narasingam, Y.Othakadai, Madurai District.

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C.V.KARTHIKEYAN, J.

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