K.Rasakani D.No. 5-1/122 v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19746 of 2017 K.Rasakani
...Petitioner
Vs.
1. The Commissioner, State Information Commissioner, No.2, Sir Thiyagarayar Salai, Elthamas Road Junction, Adajcent Alayamman Kovil, Thenampet, Chennai.
2. The Public Information Officer/Office, Manger (Development), Theni District, Theni - 625 531.
3. Public Information Officer / Block Development Officer (Village Panchayats) Panchayat Union Office, Andipatti Panchayat Union,
4. The Executive Officer, Rajadhani Village Panchayat, Andipatti Panchayat Union, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to dispose the petitioner's second appeal dated 01.06.2017 preferred under section 19 (3) of the Right To Information Act, 2005 in accordance with law within the time frame as fixed by this Court.
For Petitioner : Mr.P.Sivachandran For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader
ORDER
The writ petition has been filed seeking to direct the first respondent to dispose of the second appeal dated 01.06.2017 preferred under the Right To Information Act, 2005.
2.The learned counsel for the petitioner would submit that the petitioner has made an application dated 20.01.2017 under Right to Information Act, 2005 to the fourth respondent seeking certain information, since no information has been provided, the petitioner preferred an appeal dated 21.03.2017 before the second respondent. Even thereafter also no information has been provided, so, the petitioner preferred a second appeal before the first respondent on 01.06.2017. However, no action has been taken on his representation. Hence, the petitioner is before this Court. 3.The learned Counsel appearing for the respondents would submit that the appeal of the petitioner would be considered on merits within the time stipulated by this Court. 4.
Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the first respondent to consider the second appeal dated 01.06.2017 preferred by the petitioner, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as to all the interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.
5.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. The Commissioner, State Information Commissioner, No.2, Sir Thiyagarayar Salai, Elthamas Road Junction, Adajcent Alayamman Kovil, Thenampet, Chennai.
2. The Public Information Officer/Office, Manger (Development), Theni District, Theni - 625 531.
3. Public Information Officer / Block Development Officer (Village Panchayats) Panchayat Union Office, Andipatti Panchayat Union,
4. The Executive Officer, Rajadhani Village Panchayat, Andipatti Panchayat Union, +1cc to Spl.Government Pleader Sr.No.84064 +1cc to Mr.P.Sivachandran , Advocate Sr.No.84002 DSK VB/SV/MMS/SAR1/06/11/2017/3P/7C ORDER MADE IN W.P(MD)No.19746 of 2017 26.10.2017