Madras High CourtWP(MD)/16366/2015dismissed as infructuous

Kondaivellai v. The Commissioner

2020-02-05Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD).No.16366 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR W.P.(MD).No.16366 of 2015 Kondaivellai .. Petitioner Vs.

1.The Commissioner, State Information Commission, Old No.273, New No.378, Annasalai, Thenampet, Chennai.

2.The Appellate Authority/Assistant Director, Office of the College Educational Officer, Madurai Zone, Sennai Nagar, Madurai.

3.The Public Information Officer/Principal, Lady Doak College, Thallakulam, Madurai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondent No.1 to consider and pass order on second appeal, dated 07.02.2015 preferred under Section 19(3) of the Right to Information Act, 2005, by considering petitioner's reminder, dated 08.07.2015 to Second Appeal within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents: Mr.K.K.Senthil for R1 Mr.C.Ramar for R2 and R3 Additional Government Pleader

ORDER

This writ petition is filed for issuing a Writ of Mandamus to direct the first respondent to consider and pass order on the petitioner's Second Appeal preferred under Section 19 (3) of Right to Information Act, 2005.

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W.P.(MD).No.16366 of 2015 2.The learned counsel appearing for the first respondent has produced before this Court, the final order, dated 29.01.2016 passed in the Second Appeal in S.A.1354/Fresh Enquiry/D/15. 3.Since the appeal itself has been disposed of by order, dated 29.01.2016 by the State Commission, nothing survives for further adjudication in this writ petition. Hence, this writ petition is closed as infructuous. No costs. The learned counsel for the petitioner states that the copy of the order was not served on the petitioner and that the order has been communicated only to the petitioner's counsel. The statement is recorded. Even if the order is against the interest of the petitioner, it is open to the petitioner to challenge the same in the manner known to law. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Commissioner, State Information Commission, Old No.273, New No.378, Annasalai, Thenampet, Chennai.

2.The Appellate Authority/Assistant Director, Office of the College Educational Officer, Madurai Zone, Sennai Nagar, Madurai.

+1 CC to M/s.K.K.SENTHIL, Advocate ( SR-4942[F] dated 06/02/2020 ) +1 CC to M/s.R.ALAGUMANI, Advocate ( SR-4890[F] dated 05/02/2020 ) +1 CC to M/s.Special Govt.Pleader ( SR-5124[F] dated 06/02/2020 ) W.P.(MD).No.16366 of 2015 05.02.2020 TM SDS (19.02.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2