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Madras High CourtWP(MD)/1544/2016allowed

A.Prem Nazeer,S/O.Abdul Lathif v. The State Commissioner

2022-11-11Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR A.Prem Nazeer ... Petitioner Vs.

1.The State Commissioner, Tamil Nadu State Information Commission, No:2, Aalayamman Kovil Street, near Aalayamman Kovil, T.Nagar, Chennai-600 018.

2.The Appellate Authority / The Commissioner of Police, Office of the Commissioner of Police, Trichy City.

3.The Public Information Officer / The Deputy Commissioner of Police, Trichy City, Trichy.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to dispose the petitioner's appeal, dated 08.09.2015. For Petitioner : M/s.K.Sivabalan 1/4

For R-1 : M/s.K.K.Senthil For R-2 & R-3 : M/s.P.Kottaichamy Government Advocate (Civil Side)

ORDER

The present Writ Petition has been filed seeking a Writ of Mandamus, directing the State Information Commission to dispose of the appeal presented by the writ petitioner on 08.09.2015. The petitioner has also enclosed an acknowledgment card to the effect that the appeal has been received by the Information Commission. However, the learned Counsel appearing for the first respondent submits that the papers are not traceable and hence, the appeal could not be disposed of.

2. The learned Counsel for the petitioner is directed to submit a fresh appeal along with the enclosure to the first respondent herein within a period of four (4) weeks from the date of receipt of a copy of this order. In case, if the second appeal is presented within four weeks, the State Information Commission is directed to entertain the same, without any reference to the period of limitation. 2/4

3. With the above said observations, the writ petition stands allowed. There shall be no order as to costs. 11.11.2022 Index :

Yes / No Internet :

Yes / No btr To 1.The State Commissioner, Tamil Nadu State Information Commission, No:2, Aalayamman Kovil Street, near Aalayamman Kovil, T.Nagar, Chennai-600 018.

2.The Appellate Authority / The Commissioner of Police, Office of the Commissioner of Police, Trichy City.

3.The Public Information Officer / The Deputy Commissioner of Police, Trichy City, Trichy.

3/4

R.

VIJAYAKUMAR , J.

btr Order made in 11.11.2022 4/4