A. Kanagaraj v. The Tamil Nadu State Information Commissioner
W.P.(MD)No.18706 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2020
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.18706 of 2020 A.Kanagaraj : Petitioner Vs.
The Tamil Nadu State Information Commissioner, Office of the State Information Commission, No.2, Thiyagaraya Road, Near Aalaiamman Kovil, Teynampeti, Chennai.
: Respondent PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondent to pass final order in Case No.NC1966/E/2019 pending on the file of the respondent by considering the petitioner's representation, dated 23.03.2020 and pass necessary orders on merits and in accordance with law within the time period that may be stipulated by this Court. For Petitioner : Mr.M.E.Ilango For Respondent : Mr.K.K.Senthil Standing Counsel ****
ORDER
(This petition was heard through the Video Conference) This Writ Petition has been filed for a Mandamus seeking for a direction to the respondent to pass final orders in Case No.NC1966/E/2019 pending on the file of the respondent by considering the petitioner's representation, dated 23.03.2020. 2.Heard Mr.M.E.Ilango, learned Counsel for the petitioner and Mr.K.K.Senthil, learned Standing Counsel for the respondent. 3.It is the case of the petitioner that by order, dated 14.05.2019, the second appeal preferred by the petitioner under the Right to Information Act, was disposed of by directing the officials concerned to give information as sought for by the petitioner. According to him, since the information was not given, the petitioner has made a representation under Section 18 of the Right to Information Act, to take action against the erring officials. It is also the case of the petitioner that the respondent had also issued summons to the petitioner and the officials to appear before it on https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.18706 of 2020 18.02.2020 and an order came to be passed directing the officials to furnish the information as sought for by the petitioner. 4.According to the petitioner, none of the directions issued by the respondent on 18.02.2020 were not complied with and hence, the petitioner was constrained to give another representation, dated 23.03.2020 requesting the respondent to pass final orders in Case No.NC1966/E/2019. Since the said representation has not been considered, the petitioner has filed this Writ Petition. 5.The learned Standing Counsel for the respondent, on instructions, would submit that they are prepared to consider the petitioner's representation, dated 23.03.2020 submitted under Section 18 of the Right to Information Act, on merits and in accordance with law as expeditiously as possible and as per seniority. 6.
Considering the fact that the petitioner had submitted his application under the Right to Information Act, seeking for certain information in the year 2016 itself, the representation of the petitioner, dated 23.03.2020 has to be disposed by the respondent within a stipulated time to be fixed by this Court under this order. 7.For the foregoing reasons, this Court directs the respondent to consider the petitioner's representation, dated 23.03.2020 submitted under Section 18 of the Right to Information Act, and pass final orders on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order. 8.With the aforesaid directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS- ) To The Tamil Nadu State Information Commissioner, Office of the State Information Commission, No.2, Thiyagaraya Road, Near Aalaiamman Kovil, Teynampeti, Chennai.
+ 1 CC TO Mr.K.K.SENTHIL, ADVOCATE IN SR No. 27133 CMR TE : 07/01/2021 : 2P/3C Order made in W.P.(MD)No.18706 of 2020 22.12.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2