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Madras High CourtWP(MD)/14816/2020disposed of

V. Ganesan v. The Government Of Tamilnadu

2020-10-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Ganesan ... Petitioner Vs

1. The Government of Tamil Nadu, Represented by its Secretary to the Government, Agricultural Department, St.George Fort, Chennai.

2. The Tamil Nadu Information Commissioner, No.2, Sir Thiyagarayar Salai, near to Alaiyamman Temple, Teynampet, Chennai.

3. The Appellate Authority RTI Act, The District Collector, Thoothukudi District.

4. The Appellate Authority, The Integrated Agriculture Extension Centre, Vilathikulam, Thoothukudi District.

5. The Public Information Officer, The Integrated Agriculture Extension Centre, Vilathikulam, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fifth respondent to furnish the information under RTI Act based on the petitioner's representation dated 14.10.2019, within a time framed to be fixed by this Court.

For Petitioner : Mr.M.M.Manivelpandian For R-1 R-3 & R-5 : Mr.M.Rajarajan Additional Government Pleader For R-2 : Mr.K.K.Senthil Standing Counsel 1/3

ORDER

(This petition was heard through the video conferencing) This Writ Petition has been filed for a Mandamus seeking for a direction to the fifth respondent to furnish the information under RTI Act based on the petitioner's representation dated 14.10.2019, within a time framed to be fixed by this Court.

2. Heard Mr.M.M.Manivelpandian, learned counsel for the petitioner, Mr.M.Rajarajan, learned Additional Public Prosecutor, for the respondent Nos.1, 3 and 5 and Mr.K.K.Senthil, learned Standing counsel for the second respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. Admittedly, a Second Appeal under the Right to Information Act, is pending on the file of the second respondent. According to the petitioner, the Second Appeal was filed on 23.01.2020 and till date, it has not been considered by the second 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 second 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 second respondent.

4. For the foregoing reasons, this Court directs the second respondent to dispose of the second appeal preferred by the petitioner on 23.01.2020 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 (CS-II) // 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. 2/3

To

1. The Secretary, Government of Tamil Nadu, Agricultural Department, St.George Fort, Chennai.

2. The Appellate Authority RTI Act, The District Collector, Thoothukudi District.

3. The Appellate Authority, The Integrated Agriculture Extension Centre, Vilathikulam, Thoothukudi District.

4. The Public Information Officer, The Integrated Agriculture Extension Centre, Vilathikulam, Thoothukudi District.

+1 CC to the SPL GP SR-20786.

+1 CC to Mr.K.K.SENTHIL, Advocate SR-20745.

28.10.2020 CK(CO) CS(06.11.2020) 3P 7C 3/3