Madras High CourtWP(MD)/22836/2019disposed of

Sanjaypriyan v. The State Information Commissioner

2019-10-30Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ Sanjay Priyan ... Petitioner -Vs1. The State Information Commissioner, The Tamil Nadu State Information Commissioner, No.2, Thiyagarajar Road, Tenampet, Chennai - 18.

2. The District Collector/Appellate Authority Collectorate

3. The Personal Assistant to District Collector, Collectorate,

4. The Revenue Divisional Officer, Assistant Public Information Officer, Usilampatti, ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1st respondent / State Information Commissioner to dispose the petitioner's Second Appeal filed under the Right to Information Act on 03.09.2019. For Petitioner : Mr.P.Janarthanan For Respondents : Mr.K.K.Senthil, standing counsel for R-1 Mr.M.Rajarajan for RR-2 to 4

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 1st respondent/State Information Commissioner to dispose the petitioner's Second Appeal filed under the Right to Information Act on 03.09.2019.

2.Heard Mr.K.K.Senthil, learned standing counsel, who takes notice for the first respondent and Mr.M.Rajarajan, learned 1/3

Government Advocate, who takes notice for the respondents 2 to 4.

3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.The grievance of the petitioner is that as against the alleged inaction on the part of the respondents 2 to 4 in furnishing the information sought for by the petitioner, the petitioner has filed Second Appeal to the 1st respondent Information Commissioner on 03.09.2019. 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 respondents, who would submit that, since number of such appeals are pending before the 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 03.09.2019 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 (CO) // True Copy // Sub Assistant Registrar(CS ) To

1. The State Information Commissioner, The Tamil Nadu State Information Commissioner, No.2, Thiyagarajar Road, Tenampet, Chennai - 18.

2. The District Collector/Appellate Authority Collectorate 2/3

3. The Personal Assistant to District Collector, Collectorate,

4. The Revenue Divisional Officer, Assistant Public Information Officer, Usilampatti, +1 CC to Mr.K.K.SENTHIL, Advocate ( SR-95015[F] dated 31/10/2019 ) +1 CC to Mr.P.JANARTHANAN, Advocate ( SR-95179[F] dated 31/10/2019 ) +1 CC to SPL GP ( SR-95467[F] dated 01/11/2019 ) Order made in Dated:30.10.2019 vs MK (07.11.2019) 3P 8C 3/3