R.Saravanan v. The Tamil Nadu State

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17428 of 2018 R.Saravanan ... Petitioner vs.

The Tamil Nadu State Information Commission, Rep. by its Assistant Registrar, No.2 Sir.Thiyagaraya Salai, Tenampet, Chennai-18.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to dispose the appeal dated 13.03.2018 pending before the respondent within a time fixed by this Court.

For Petitioner :

Mr.P.Muthusamy For Respondent :

Mr.K.K.Senthil

O R D E R

Mr.K.K.Senthil, learned counsel, takes notice for the respondent.

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 that the second appeal filed by the petitioner dated 13.03.2018, has not been considered by the respondent till date and therefore, he has filed the present writ petition.

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 an appeal of this nature is made, the respondent is 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 his office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct him to dispose the petitioner's representation within a stipulated time.

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5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to dispose

the petitioner's second appeal dated 13.03.2018 on its own merits and in accordance with law within a period of sixteen days from the date of receipt of a copy of this order if not already disposed of. Such an exercise shall be done after giving due opportunity to the petitioner and any other persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (CS-I) To:

The Assistant Registrar, The Tamil Nadu State Information Commission, No.2 Sir.Thiyagaraya Salai, Tenampet, Chennai-18.

+ 1 CC TO Mr.P.MUTHUSAMY, ADVOCATE IN SR No. 77504 + 1 CC TO Mr.K.K.SENTHIL, ADVOCATE IN SR No. 77249 CP TE/SKN/SAR-1 : 10/09/2018 : 2P/4C W.P.(MD) No.17428 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/