Madras High CourtWP(MD)/22016/2019disposed of

C.S.C.Sivakumar v. The State Chief Information Commissioner

2019-10-18Honourable Mr Justice M. Govindaraj2 pages

W.P.(MD)No.22016 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.22016 of 2019 C.S.C.Siva Kumar ... Petitioner -Vs1.The State Chief Information Commissioner, Door No.2, Thiyarajar Salai, Near Aanaiamman Kovil, Tenampettai, Chennai.

2.The First Appellate Officer, Tirunelveli Zonal Town Panchayat Assistant Director Office, District Collector Office Campus, 3rd Floor, Korampallam, Tuticorin District.

3.The Public Information Officer, Town Panchayat Office, Perungulam, Tuticorin.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1st respondent herein to dispose of petitioner's second appeal, dated 03.05.2019, pending with the first respondent within a time stipulated by this Court.

For Petitioner : Mr.S.Manthiralingeswaran For Respondents : Mr.K.K.Senthil, standing counsel for R-1 Mr.M.Rajarajan Government Advocate for RR-2 & 3

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 1st respondent/State Chief Information Commissioner to dispose of the petitioner's second appeal filed under Right to Information Act on 03.05.2019 within a time stipulated by this Court.

2.Heard Mr.S.Manthiralingeswaran, learned counsel appearing for the petitioner, Mr.K.K.Senthil, learned standing counsel appearing for the first respondent and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents 2 & 3. 3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22016 of 2019 4.The grievance of the petitioner is that as against the alleged inaction on the part of the respondents 2 and 3 in furnishing the information sought for by the petitioner, the petitioner has filed Second Appeal to the 1st respondent State Chief Information Commissioner on 03.05.2019. Therefore, the learned counsel for the petitioner wants the said appeal to be decided by the 1st respondent at an early date. 5.I have heard the learned standing counsel appearing for the first respondent, who would submit that, since number of such appeals are pending before the Chief Information Commissioner, as early as possible, the appeal of the petitioner, chronologically, would be taken up and decided on merits.

6.Considering the said submission made by the learned counsel appearing for the 1st respondent, this Court is inclined to dispose of this writ petition with the following direction: "The 1st respondent is hereby directed to consider the appeal filed by the petitioner dated 03.05.2019 and decide the same and pass orders, on merits and in accordance with law, as expeditiously as possible." 7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) Vs To The State Chief Information Commissioner, Door No.2, Thiyarajar Salai, Near Aanaiamman Kovil, Tenampettai, Chennai.

+1 CC to M/s.S.MANDHIRALINGESWARAN, Advocate ( SR-92890[F] dated 18/10/2019 ) +1 CC to M/s.SPL GP ( SR-93241[F] dated 21/10/2019 ) +1 CC to M/s.K.K.SENTHIL, Advocate ( SR-93474[F] dated 22/10/2019 ) Order made in W.P.(MD)No.22016 of 2019 18.10.2019 KM/(06.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2