Madras High CourtWP(MD)/14016/2016disposed of

K.Marichamy, v. The Registrar

2016-08-04Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 04.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.14016 of 2016 K.Marichamy ... Petitioner Vs 1.The Registrar, Tamil Nadu State Information Commission, No.2, Thiyagaraya Salai, Teynampet, Chennai - 18.

2.The Public Information Officer cum Block Development Officer, O/o.the Block Development Officer, Sivakasi Union, Virudhunagar District.

3.The Public Information Officer cum Secretary, Anaikuttam Panchayat, Sivakasi Union, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to dispose the Appeal dated 16.09.2014 filed by the Petitioner before the 1st Respondent Commission within the time bound.

For Petitioner : Mr.K.Kannan For Respondent-1 : Mr.K.K.Senthil For Respondents : Mr.V.Muruganandam (R2 & R3) Addl.Govt.Pleader

ORDER

Heard both sides.

2.By consent, the main Writ Petition itself is taken up for final disposal.

3. No counter is filed on behalf of the Respondents.

4. According to the Petitioner, he preferred an Appeal

before the First Respondent / Tamil Nadu State Information Commission, Chennai, on 16.09.2014 and issued reminder on 20.01.2015. Till date, the Appeal is kept pending for disposal, by the First Respondent's Office.

5. The grievance of the Petitioner is that the Appeal, dated 16.09.2014, is pending before the First Respondent / Tamil Nadu State Information Commission, Chennai, and also he sent a reminder on 20.01.2015, till date, the said Appeal is not yet disposed of. Therefore, he has preferred the present Writ Petition before this Court, seeking for passing of an order by this Court in directing the First Respondent / Tamil Nadu State Information Commission, Chennai, to dispose of his Appeal, dated 16.09.2014.

6. Considering the request made by the Petitioner that his Appeal, dated 16.09.2014, pending on the file of First Respondent / Tamil Nadu State Information Commission, Chennai, is to be disposed of within the time frame to be determined by this Court, at this stage, this Court, without delving deep into the merits and contents of the Appeal, dated 16.09.2014, filed by the Petitioner and the same being pending before the First Respondent, in the interest of justice and fair play, directs the First Respondent / Tamil Nadu State Information Commission, Chennai, to dispose of the Appeal preferred by the Petitioner, dated 16.09.2014, on merits (of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice) within a period of six weeks from the date of receipt of a copy of this order.

7. It is made clear that, if the First Respondent / Tamil Nadu State Information Commission, Chennai, is in need of any certified copy of relevant records /documents, then, it is open to him to call for the concerned documents, by means of issuance of an official Memorandum to the Petitioner or others concerned, as the case may be. On receipt of the such Memorandum from the First Respondent / Tamil Nadu State Information Commission, Chennai, it is incumbent on the part of the Petitioner to comply with the requirements / request made by the Respondent, of course, in the manner know to law and in accordance with law. 8.With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar

To 1.The Registrar, Tamil Nadu State Information Commission, No.2, Thiyagaraya Salai, Teynampet, Chennai - 18.

2.The Public Information Officer cum Block Development Officer, O/o.the Block Development Officer, Sivakasi Union, Virudhunagar District.

3.The Public Information Officer cum Secretary, Anaikuttam Panchayat, Sivakasi Union, Virudhunagar District.

+1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO:42208 +1cc to MR.K.KANNAN, ADVOCATE,ADVOCATE SR NO: 42795 +1cc to MR.K.K.SENTHIL,ADVOCATE, SR NO: 42336 MPK JA-DB-11.08.2016/3P:7C W.P(MD)No.14016 of 2016 04.08.2016