N.Ramasamy v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15653 of 2018 N.Ramasamy ... Petitioner vs.
1. The Commissioner, Tamil Nadu Information Commission, No.2, Thiyagaraya Salai, Near Aalai Amman Kovil, Teynampet, Chennai.
2. The Revenue Divisional Officer/ Appellate Officer, Kariyapatti Taluk, Virudhunagar District.
3. The Thasildar/Public Information Officer, Kariyapatti Taluk, Virudhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to admit the petitioner's second appeal dated 13.03.2018 and pass orders as per the provision contemplated under Section 19(8) of the Right to Information Act, 2005, within a stipulated time fixed by this Court.
For Petitioner : Mr.J.Jeyakumaran For RR1 : Mr.K.K.Senthil For RR2 and 3 : Mr.J.Gunaseelanmuthaiah Additional Government Pleader
O R D E R
Mr.K.K.Senthil, learned counsel takes notice for the first respondent and Mr.J.Gunaseelanmuthaiah, learned Additional Government Pleader, takes notice for the respondents 2 and 3.
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 is that the petitioner has submitted a representation for admitting the petitioner's second appeal dated 13.03.2018, has not been considered by the first respondent till date and therefore, he has filed the present writ petition.
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4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to dispose the same in 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 representation 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 consider the petitioner's representation dated 13.03.2018 on its own merits, within a period of three months from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to any other persons who may be interested in the subject matter.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-IV) To:
1. The Commissioner, Tamil Nadu Information Commission, No.2, Thiyagaraya Salai, Near Aalai Amman Kovil, Teynampet, Chennai.
2. The Revenue Divisional Officer/ Appellate Officer, Kariyapatti Taluk, Virudhunagar District.
3. The Thasildar/Public Information Officer, Kariyapatti Taluk, Virudhunagar District.
+1cc to Mr.K.K.Senthil, Advocate Sr.No.73980 +1cc to Mr.J.Jeyakumaran,Advocate Sr.No.73470 SJI VB/SKN/RSK/SAR4/30.07.2018/2P/6C W.P.(MD) No.15653 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/