Ramesh v. The Public Information Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Ramesh

...Petitioner

/Vs./ 1.The Public Information Officer, Annavasal Sub-Registrar Office, Sivan Kovil Veethi, Annavasal, Pudukkottai District.

2.The Appellate Authority And District Registrar (Admin), District Registrar Office, Court Campus, Pudukkottai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to furnish the information to the petitioner with proper manner, on the basis of 1st respondent's proceedings in Pa.Mu.No. 3083/Aa1/2024, dated 04.09.2024 within the stipulated time that may be fixed by this Court. For Petitioner : Mr.G.Hari Haran For Respondents : Mr.M.Muthumanikkam Government Advocate 1/6

ORDER

This Writ Petition is filed seeking issuance of Writ of mandamus to direct the second respondent to comply with the order of the first respondent dated 04.09.2024 passed in Pa.Mu.No. 3083/Aa1/2024, within a time frame to be stipulated by this Court .

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner submitted an application on 05.08.2024 under the Right To Information Act, 2005, to the first respondent's office seeking information on certain documents with reference to the property situated in Sathiyamangalam Revenue Village, Kulathur Taluk, Pudukottai District. The first respondent, on 28.08.2024 gave an evasive reply to the petitioner's application and therefore, the petitioner filed an appeal to the second respondent on 02.09.2024. In the petitioner's appeal, the second respondent, vide his proceedings dated 04.09.2024, directed the first respondent to furnish entire information to the petitioner. Inspite of the second respondent's direction, the first respondent did not furnish the 2/6

details to the petitioner and therefore, the petitioner has filed the present Writ Petition for the aforesaid relief.

4.

The learned Government Advocate appearing for the respondents submits that the petitioner has remedy of appeal before the second respondent, if the first respondent does not act on the directions of the second respondent.

5. I am of the view that the contention of the learned Government Advocate appearing for the respondents cannot be countenanced for the simple reason that only in the appeal filed by the petitioner to the second respondent, a direction was issued to the first respondent to furnish the entire information sought for by the petitioner. Therefore, the first respondent is bound to comply with the order of the second respondent passed in the appeal petition filed by the petitioner. In view of the same, a direction is issued to the first respondent to comply with the order of the second respondent dated 04.09.2024, within a period of four weeks from the date of receipt of a copy of this order. 3/6

6. With the above directions, this Writ Petition is disposed of. No costs.

20.11.2024 Index : Yes / No NCC : Yes / No Sm 4/6

TO:

1.The Public Information Officer, Annavasal Sub-Registrar Office, Sivan Kovil Veethi, Annavasal, Pudukkottai District.

2.The Appellate Authority And District Registrar (Admin), District Registrar Office, Court Campus, Pudukkottai District.

5/6

N.MALA, J.

Sm Order made in Dated:

20.11.2024 6/6