← Library
Madras High CourtWP(MD)/23223/2019disposed of

Solairaj v. The Commissioner

2019-11-05Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Solairaj .. Petitioner Vs.

1.The Commissioner, Tamil Nadu State Information Commission, No.2, Thiagaraya Salai, Teynampet, Chennai - 600 018.

2.The Tahsildar/Appellate Authority, 3.The Public Information Officer, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the 1st respondent to expedite the proceedings of the 2nd appeal of the petitioner preferred against the order made in Oo.Mu.A3/214/2019 dated 05.02.2019 passed by the 2nd respondent and conclude the same within a time frame that may be stipulated by this Court. For Petitioner : Mr.I.Velpradeep For R1 : Mr.K.K.Senthil For R2 & R3 : Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 1st respondent/Commissioner, Tamil Nadu State Information Commission, to dispose of the petitioner's second appeal filed under Right to Information Act on 18.02.2019 within a time stipulated by this Court.

2.Heard Mr.I.Velpradeep learned counsel appearing for the petitioner, Mr.K.K.Senthil, learned standing counsel appearing for the first respondent and Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader appearing for the respondents 2 and 3. 1/3

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 and 3 in furnishing the information sought for by the petitioner, the petitioner has filed Second Appeal to the 1st respondent 18.02.2019. 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 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 18.02.2019 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 (CS-III) // True Copy // Sub Assistant Registrar(CS) mj To 1.The Commissioner, Tamil Nadu State Information Commission, No.2, Thiagaraya Salai, Teynampet, Chennai - 600 018.

2. The Tahsildar/Appellate Authority, 2/3

3. The Public Information Officer, +1 CC to Mr.K.K.SENTHIL, Advocate ( SR-96422[F] dated 06/11/2019 ) +1 CC to SPL GP ( SR-96365[F] dated 06/11/2019 ) W.P.(MD)No.23223 of 2019 05.11.2019 VB(14.11.2019) 3P 6C 3/3