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Madras High CourtWP(MD)/14557/2020disposed of

A.Seethalakshmi v. The State Information Commissioner

2020-10-16Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Seethalakshmi ... Petitioner Vs 1.The State Information Commissioner, Kamadenu Co-operative Super Market Building, 1st Floor, Old No.273, New No.378, Anna Salai, Thenampettai, Chennai-600 018.

2.The First Appellate Authority / Sub Treasury Officer (South), Madurai District, Madurai-625 020.

3.The Public Information Officer, Sub-Treasury Officer, Sub-Treasury, Madurai South, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to dispose of the petitioner's Second Appeal dated 27.07.2020 in accordance with law, within the time stipulated by this Court. For Petitioner : Mr.Babu Rajendran For R-1 : Mr.K.K.Senthil Standing Counsel For R-2 & R-3 : Mr.M.Rajarajan Additional Government Pleader

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to dispose of the petitioner's Second Appeal dated 27.07.2020 in accordance with law within the time frame fixed by this Court.

2. Heard Mr.Babu Rajendran, learned counsel appearing for the petitioner and Mr.K.K.Senthil, learned Standing counsel, accepts 1/3

notice for the first respondent and Mr.M.Rajarajan, learned Additional Public Prosecutor, takes notice for the respondent Nos.2 and 3. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. Admittedly, the Second Appeal under the Right to Information Act is pending on the file of the first respondent. According to the petitioner, the Second Appeal was filed on 27.07.2020 and till date, it has not been considered by the first respondent. No prejudice will be caused to the respondents, if the Second Appeal is disposed of within a time frame to be fixed by this Court. However, in view of innumerable cases pending on the file of the first respondent under the Right to Information Act, only on seniority basis, based on the year of the Second Appeal, the same can be disposed of by the first respondent.

4. For the foregoing reasons, this Court directs the first respondent to dispose of the second appeal preferred by the petitioner on 27.07.2020 under the Right to Information Act, as per the seniority of cases and pass final orders on merits and in accordance with law, as expeditiously as possible.

5. With the aforesaid direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. To 1.The State Information Commissioner, Kamadenu Co-operative Super Market Building, 1st Floor, Old No.273, New No.378, Anna Salai, Thenampettai, Chennai-600 018.

2.The First Appellate Authority / Sub Treasury Officer (South), Madurai District, Madurai-625 020.

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3.The Public Information Officer, Sub-Treasury Officer, Sub-Treasury, Madurai South, Madurai.

+1 CC to Mr.K.K. SENTHIL, Advocate ( SR-20381[F] dated 16/10/2020 ) +1 CC to Mr.BABU RAJENDRAN, Advocate ( SR-20499[F] dated 19/10/2020 ) +1 CC to SPL GP ( SR-20558[F] dated 19/10/2020 ) 16.10.2020 VB (04.11.2020) 3P 7C 3/3