Madras High CourtWP(MD)/6516/2015disposed of

S. Vettuperumal, v. Tamil Nadu Information

2015-06-03Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.06.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.6516 of 2015 S.Vettuperumal ... Petitioner Vs 1.The Tamil Nadu Information Commissioner, No.2, Thiyagaraya Salai (near Allayamman Kovil), Teynampettai, Eldams Road Junction, Chennai-600 018.

2.The Assistant Director, Town Panchayat, Tirunelveli District..

3.The Public Information Officer, Nazareth Selection Grade Town Panchayat office, Nazareth, Tuticorin District.

...

Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to furnish the information sought by the petitioner with regard to question Nos.3 and 4 based on his representation dated 01.04.2014 and consequently directing the third respondent to pay penalties for non-furnishing of the information within the time limit fixed in the Right to Information Act,2005.

For petitioner : Mr.R.Saravanan For R.1 : Mr.K.K.Senthil For R.2& 3 : Mr.T.R.Janaradhanam Addl.Govt.Pleader *******

ORDER

The petitioner has come forward with this Writ Petition directing the respondents to furnish the information sought by the petitioner with regard to querry Nos.3 and 4 based on his representation dated 01.04.2014 and consequently directing the third respondent to pay penalties for non-furnishing of the information within the time limit fixed in the Right to Information Act,2005 ( for short 'the Act').

2. When the matter is taken up for hearing, it is reported by the learned Standing Counsel appearing for the first respondent that the first respondent has already issued a direction to the third respondent to furnish the information, as required by the petitioner.

3. The learned Counsel for the petitioner would submit that inspite of such direction, till date, he has not received the information from the third respondent.

https://hcservices.ecourts.gov.in/hcservices/

4. Once the competent authority, namely, the first respondent, has already issued a direction to the third respondent, it is the duty of the third respondent to provide the information sought for, under the Act. In fact, even if there is no such direction, still, under the Act, it is necessary to provide the details to the public. In the case on hand, inspite of a direction and the petitioner even after approaching this Court, the third respondent refused to provide the details, which is to be deprecated.

5. In the light of the above, the third respondent is directed to provide the details, as sought for by the petitioner, without fail, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that there shall be any more delay in providing the information to the petitioner.

With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Per.Admn) \\True copy\\ Sub Assistant Registrar To 1.The Tamil Nadu Information Commissioner, No.2, Thiyagaraya Salai (near Allayamman Kovil), Teynampettai, Eldams Road Junction, Chennai-600 018. 2.The Assistant Director, Town Panchayat, Tirunelveli District.. 3.The Public Information Officer, Nazareth Selection Grade Town Panchayat office, Nazareth, Tuticorin District.

+1cc to Mr.R.Saravanan Advocate Sr.No.27168 +1cc to Mr.K.K.Senthil Advocate Sr.No. 28269 W.P(MD).No.6516 of 2015 03.06.2015 ssm NA/KBM/15/06/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/