Madras High CourtWP(MD)/27076/2019disposed of

A.Kanagaraj v. The Tamilnadu State Information Commissioner

2019-12-20Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P.(MD)No.27076 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2019

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD)No.27076 of 2019 A.Kanagaraj ... Petitioner -VsThe Tamil Nadu State Information Commissioner, O/o.The State Information Commission, No.1, Thiyagaraya Road, Near Aalaiamman Kovil, Teynampettai, Chennai. ... Respondent Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to take appropriate action under Section 18 of the Right to Information Act, 2005 by considering the petitioner's representation dated 31.08.2019 seeking to comply with the order passed by the respondent in S.A.No.7961/Maruvisaranai/B/2017 dated 04.07.2019 within a period that may be stipulated by this Court.

For Petitioner : Mr.M.E.Ilango For Respondent : Mr.K.K.Senthil

ORDER

Mr.K.K.Senthil, learned standing counsel takes notice of the respondent.

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

3. The prayer in this writ petition is for a Writ of Mandamus, directing the respondent to take appropriate action under Section 18 of the Right to Information Act, 2005, by considering the petitioner's representation dated 31.08.2019, seeking to comply with the order passed by the respondent in S.A.No.7961/Maruvisaranai/B/2017 dated 04.07.2019. 4.The grievance of the petitioner is that the petitioner has filed second appeal before the respondent/Tamil Nadu State Information Commissioner in S.A.No.7961/Maruvisaranai/B/2017, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.27076 of 2019 wherein an order was passed on 04.07.2019, directing the Public Information Officer, Theni District, to furnish the documents as required by the petitioner by getting the same from the Archive and Historical Research Commissionerate Department, within a period of one month. Since the said order was not complied with, the petitioner made a representation before the respondent on 31.08.2019 seeking to take appropriate action, which is said to be still pending. Hence, this writ petition.

5.Considering the said submission made by the learned standing counsel appearing for the respondent, this Court is inclined to dispose of this writ petition with the following direction: "The respondent is hereby directed to consider the representation of the petitioner dated 31.08.2019 and pass appropriate orders on the same, on merits and in accordance with law, as expeditiously as possible." With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2020 Sub Assistant Registrar(CS) pm To:

The Tamil Nadu State Information Commissioner, O/o.The State Information Commission, No.1, Thiyagaraya Road, Near Aalaiamman Kovil, Teynampettai, Chennai.

+1 CC to M/s.M.E.ILANGO, Advocate ( SR-106315[F] dated 20/12/2019 ) +1 CC to M/s.K.K.SENTHIL, Advocate ( SR-106251[F] dated 20/12/2019 ) W.P.(MD)No.27076 of 2019 20.12.2019 KK/SAR/09.01.2020/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2