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Madras High CourtWP(MD)/12542/2016disposed of

Ramanathan v. The State Of Information

2016-07-18Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.12542 of 2016 Ramanathan ... Petitioner Vs.

1. The State Information Commissioner No.2, Thiyagarajar Road, Near Alaiyamman Kovil, Teynampet, Chennai-18.

2. The Appellate Authority, Joint Commissioner Hindu Religious and Charitable Endowment Department No.40, Muthusamy Nagar, Thiruppathur Road, Sivagangai.

3. The Public Information Officer, Hindu Religious and Charitable Endowment Department Arulmigu Mariyamman Temple, Irukkankudi, Virudhunagar District.

... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents to furnish the Auditing Report for the period from 1995 -2014 pertaining to Arulmigu Mariamman Thirukkovil, Irukkankudi, Sattur Taluk, Virudhunagar District vide Representation dated 23.03.2015 within the stipulated time as fixed by this Hon'ble Court.

For Petitioner :Mr.Ramanathan (party-in-person) For Respondents :Mr.K.K.Senthil for R-1 Mr.V.Muruganandham Addl.Govt. Pleader for R-2 Mr.P.Mahendran for R-3

O R D E R

Heard the petitioner, who appeared in person, Learned Additional Government Pleader appearing for the second respondent and the Learned Standing Counsels for the first and third respondents.

2. It appears that the petitioner's appeal filed before the first respondent on 29.06.2015 is still pending for disposal. At this stage, the grievance of the petitioner is that he sent a first representation on 23.03.2015 addressed to the third respondent under the Right to Information Act, seeking 13 information. Later, he sent another representation on 18.02.2016 to the first respondent and that he has not received any reply from the first respondent.

3. Considering the fact that the petitioner has filed the present writ petition praying for passing of an order by this Court in directing the first respondent to furnish the Auditing Report for the period from 1995 -2014 pertaining to Arulmigu Mariamman Thirukkovil, Irukkankudi, Sattur Taluk, Virudhunagar District vide Representation dated 23.03.2015 and also this Court, taking note of a primordial fact that the appeal preferred by the petitioner on 29.06.2015 is pending on the file of the first respondent/State Information Commissioner, Teynampet, Chennai-18, without expressing any opinion on the merits and demerits of the representation of the petitioner, dated 23.03.2015 and the second representation of the petitioner dated 18.02.

2016, simpliciter, directs the first respondent/State Information Commissioner, Teynampet, Chennai-18, to take up the pending appeal of the petitioner and to dispose of the same on merits by passing a speaking, reasoned order (ascribing necessary qualitative and quantitative details) within a period of 7 weeks from the date of receipt of copy of this order (of-course, after providing necessary opportunity to the petitioner and others concerned.)

4. With the aforesaid observation(s) and direction(s), the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar (CS) To

1. The State Information Commissioner No.2, Thiyagarajar Road, Near Alaiyamman Kovil, Teynampet, Chennai-18.

2. The Appellate Authority, Joint Commissioner Hindu Religious and Charitable Endowment Department No.40, Muthusamy Nagar, Thiruppathur Road, Sivagangai.

3. The Public Information Officer, Hindu Religious and Charitable Endowment Department Arulmigu Mariyamman Temple, Irukkankudi, Virudhunagar District.

+1cc to Mr.K.Seemaraj, Advocate, Sr.No.37503 +1cc to Mr.P.Mahendran, Advoacte, Sr.No.37351 +1cc to the Special Government Pleader, Sr.Nno.37573 vs JM/NGM-MP/26.07.2016/3P-7C Writ Petition (MD).No.12542 of 2016 18.07.2016