Karunakaran .T v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI T.Karunakaran ... Petitioner versus

1. The Commissioner, Information Tribunal, Nandhanam, Chennai.

2. The District Forest Officer, The Information Officer, Dindigul Forest Division, Dindigul District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to furnish information to the petitioner under the Right to Information Act 2005 on the applications preferred by him dated 11.05.2023, 05.06.2023 and 08.06.2023 within the period that may be stipulated by this Court.

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For Petitioner : Mr.M.Natarajan For R1 : M/s.K.Haritha For R2 : Mr.Raghuvaran Gopalan

ORDER

The petitioner, with a grievance that information sought by him under the Right to Information Act, has not been provided by the second respondent, has filed this writ petition.

2. The petitioner has made a request for providing certain information under the Right to Information Act, before the second respondent/the District Forest Officer, Dindigul Forest Division, Dindigul District. Since the same has not been provided, he has filed this writ petition.

3. If the second respondent/the District Forest Officer, Dindigul Forest Division, Dindigul District has not provided the information as sought under the Right to Information Act, the petitioner is having an appeal remedy before the first appellate authority under Section 19(1) 2/4

of the Act. If the appellate authority has refused to furnish the information, the petitioner can file a second appeal under Section 19(3) of the Right to Information Act before the second appellate authority, namely, the Commissioner, Information Tribunal, Chennai, who is the first respondent herein.

4. Therefore, this writ petition is disposed of by granting liberty to the petitioner to file an appeal before the first appellate authority under Section 19(1) of the Right to Information Act and file a second appeal under Section 19(3) of the Right to Information Act, before the first respondent herein, if any adverse order is passed by the first appellate authority, for getting information. No costs. 25.09.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Commissioner, Information Tribunal, Nandhanam, Chennai.

2. The District Forest Officer, The Information Officer, Dindigul Forest Division, Dindigul District.

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