Karuppaiah G v. The State Information Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY G.Karuppaiah ... Petitioner Vs.
1. The State Information Commissioner, The Tamil Nadu State Information Commission, Thenampet, Chennai - 600 018.
2. The District Collector Karur District, Karur.
3. The Appellate Authority (Public Information), Block Development Officer, Thogaimalai Panchayat Union, Thogaimalai, Kulithalai, Karur - 621 313.
4. The Public Information Officer/ The Deputy Block Development Officer, Thogaimalai Panchayat Union, Thogaimalai, Kulithalai, Karur - 621 313.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to furnish forthwith the information sought for by the petitioner in his application to him dated 18.09.2019 under the Right to Information Act, 2005, as ordered by the first respondent State Information Commissioner dated 06.10.2020 in SA.12230/B/2019 to gether with the penalty as prescribed under section 20 of the Act. For Petitioner : Mr.K.Ragatheesh Kumar For Respondents : Mr.K.K.Senthil, for R1 Mr.P.Subbaraj, Counsel for State for R2 to R4
O R D E R
The petitioner seeks the educational qualification certificate of one Mr.Mamundi, who is an employee of the fourth respondent.
2. The petitioner states that he had filed a RTI application requesting for information in relation to the aforesaid public 1/3
servant. While partial information was provided, by order dated 11.10.2019, a copy of the educational qualification certificate was not provided. Therefore, the petitioner filed a first appeal before the District Collector, Karur. Thereafter, the appellate authority by order dated 25.11.2019 once again furnished partial information. In such circumstances, the petitioner filed a second appeal before the first respondent. By order dated 06.10.2020, the first respondent directed that the information requested for be provided on or before 08.11.2020 and, in the event of default, the petitioner was permitted to re-approach the first respondent. Once again by order dated 20.10.2020, such information was not provided. Therefore, after submitting a representation dated 02.11.2020 and reminder dated 07.05.2021, the present writ petition is filed.
3. Mr.K.K.Senthil, learned counsel, accepts notice on behalf of the first respondent and Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of respondents 2 to 4.
4. Mr.Senthil submits that the first respondent may be directed to consider and dispose of the pending appeal expeditiously. However, in view of the enormous workload, he submits that it may be difficult to dispose of such appeal in a short time.
5. In the aforesaid facts and circumstances, the petitioner has made out a case for the expeditious disposal of the appeal filed before the first respondent. Although learned counsel for the first respondent makes a request that no time frame be fixed in such connection, no useful purpose would be served unless a specific time frame is fixed.
6. Accordingly, W.P.(MD)No.15425 of 2021 is disposed of by directing the first respondent herein to consider the petitioner's appeal and pass a reasoned order thereon within a period of four months from the date of receipt of a copy of this order. Such reasoned order shall be issued after providing a reasonable opportunity to the petitioner and any other persons who would be affected by such decision. There will be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 2/3
To
1. The State Information Commissioner, The Tamil Nadu State Information Commission, Thenampet, Chennai - 600 018.
2. The District Collector Karur District, Karur.
3. The Appellate Authority (Public Information), Block Development Officer, Thogaimalai Panchayat Union, Thogaimalai, Kulithalai, Karur - 621 313.
4. The Public Information Officer/ The Deputy Block Development Officer, Thogaimalai Panchayat Union, Thogaimalai, Kulithalai, Karur - 621 313.
+1 CC to M/s.K.K.SENTHIL, Advocate ( SR-27794[F] dated 01/09/2021 ) +1 CC to M/s.K.RAGATHEESH KUMAR, Advocate ( SR-27848[F] dated 01/09/2021 ) +1 CC to M/s.GP ( SR-27765[F] dated 01/09/2021 ) 31.08.2021 RD(7.09.2021) 3P 8C 3/3