R.Somuraj v. The Chief Information Commissioner Cum Second Appellate Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2024
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA R.Somuraj ... Petitioner Vs.
1.The Chief Information Commissioner, Cum Second Appellate Authority, 26FJ + FMG, Commercial Taxes Department Road, Fanepet, Nandanam, Chennai - 600035.
2.The First Appellate Authority, The District Collector, The District Collectorate Campus, Dindigul District.
3.The Public Information Officer, Office of A.D.Town Panchayat, Dindigul, Dindigul District.
4.The Public Information Officer, Executive Officer, Palayam Municipality, Gujiliyamparai, Dindigul District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose of the 1/5
petitioner's second appeal dated 13.08.2024 and to take appropriate action against the respondents 2 to 4 for providing information to the petitioner based on the application, dated 02.06.2022 under the Right to Information Act, within a stipulated time fixed by this Court.
(Amended as per order of this Court, dated 11.11.2021 in W.M.P(MD)No.22691 of 2024 in W.P(MD)No.26389 of 2024) For Petitioner : Mr.K.Senthil Kumar For R1 : Mr.Raguvaran Gopalan For R2 to R4 : Mr.A.Kannan Additional Government Pleader
O R D E R
This writ petition has been filed for a direction to the first respondent to dispose of the petitioner's second appeal, dated 13.08.2024 and to take appropriate action against the respondents 2 to 4 for providing information to the petitioner based on the application, dated 02.06.2022 under the Right to Information Act.
2. The petitioner vide application, dated 06.03.2022 sought certain information under Right to Information Act from the fourth respondent. The said information was not furnished. Therefore, the petitioner preferred an appeal 2/5
on 10.06.2022. In pursuance of the appeal, the appellate authority on 29.06.2022 forwarded the appeal to the fourth respondent. The fourth respondent, thereafter on 14.07.2022 provided unrelated information. The petitioner thereafter filed second application under the Right to Information Act to the fourth respondent on 02.06.2023. The fourth respondent again furnished unrelated information to the petitioner on 28.06.2023. Therefore, the petitioner submitted his first appeal before the third respondent on 03.08.2023. The first application was forwarded by the third respondent to the fourth respondent on 10.08.2023. Once again, the fourth respondent provided the same information on 08.09.2023. On 16.10.2023, the first respondent sent a letter to the petitioner to file second appeal as per the procedure. The petitioner therefore submitted his second appeal on 13.08.2024 as per procedure and the same was not considered till date. The petitioner therefore filed the writ petition for the aforesaid relief.
3. The learned counsel for the petitioner submits that though a large relief is claimed in the writ petition, it would suffice if a direction is issued to the first respondent to dispose of the petitioner's second appeal, dated 13.08.2024 within a time frame fixed by this Court.
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4. Considering the limited submission made by the learned counsel for the petitioner, a direction is issued to the first respondent to dispose of the petitioner's second appeal, dated 13.08.2024 as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order.
5. Accordingly, the writ petition stands disposed of. No costs. 11.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:
1.The District Collector, Thanjavur District, Thanjavur.
2.The Tahsildar, Pattukottai Taluk, Thanjavur District.
3.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.
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N.MALA, J.
SN 11.11.2024 5/5