Remanded

P.Annadurai v. Appellate Authority/Deputy

Madras HC1 Feb 2016WP/829/2016

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the Court directed the Assistant PIO to consider the petitioner's appeal under the RTI Act by affording a personal hearing and passing appropriate orders within eight weeks, without expressing an opinion on the merits of the claim regarding alleged irregularities in housing schemes.

What did the court decide?

Directed the second respondent to consider the petitioner's appeal by affording an opportunity of personal hearing and to pass appropriate orders within eight weeks.

P.Annadurai Vs Appellate Authority/Deputy — RTI and Transparency | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.02.2016

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUBBIAH

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Writ Petition No.829 of 2016

P.Annadurai

... Petitioner

vs.

1.Appellate Authority /Deputy Block Development Officer (Panchayats) (Right to Information Act) Veppanthattai Panchayat Union, Perambalur District.

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2.The Assistant Public Information Officer, Panchayat Secretary, Noothappur Panchayat Veppanthattai Panchayat Union, Perambalur District. ... Respondents

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Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to furnish information sought for by the petitioner under Item Nos.2, 3, 4, 5 and 6 of the petitioner's application dated 17.06.2014 submitted under Right to Information Act, 2005 as forwarded to the first respondent in Government Letter No.3998/Ma.A.Thi.1/2015-2 dated 19.02.2015.

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For Petitioner : Mr.P.Rajendran

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For Respondents : Mr.M.Dig Vijaya Pandian, AGP

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ORDER

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The petitioner has come up with the present writ petition for a mandamus, directing the second respondent to furnish information sought by him under Item Nos.2, 3, 4, 5 and 6 of his application dated 17.06.2014 submitted under Right to Information Act, 2005 as forwarded to the first respondent by Government Letter No.3998/Ma.A.Thi.1/2015-2 dated 19.02.2015.

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The case of the petitioner is that the petitioner is the resident of Noothapur Village, Veppanthattai Taluk,

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https://hcservices.ecourts.gov.in/hcservices/

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Perambalur District. One S.Kumarasamy was elected as President of Noothapur Village Panchayat in 2011 and after assuming office as such, he committed irregularities under Indira Ninaivu Kudiyiruppu Thittam (Indira Awas Yozana) and Kalaignar Veedu Vazhangum Thittam by claiming money for unconstructed and unallotted houses. Therefore, the petitioner being a resident of Noothapur village, sought certain informations under the Right to Information Act by an application dated 17.06.2014 addressed to the District Public Information Officer, Collectorate, Perambalur District. The informations sought for by the petitioner are as follows:

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(i)After Mr.S.Kumarasamy assumed office as President of Noothapur Panchayat on 17.10.2011 how many houses were allotted in Noothapur Panchayat from 17.10.2011 to 15.06.2014 under the Indira Ninaivu Kudiyiruppu Thittam.

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(ii)The names of the beneficiaries and their photographs.

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(iii)Copies of Pattas of beneficiaries.

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(iv)How many houses were allotted in Noothapur Panchayat under the Kalaignar Veedu Vazhangum Thittam?

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(v)The names of beneficiaries, their photographs and copies of patta.

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(vi)How may bore wells were dug in Noothapur Panchayat from 17.10.2011 to 15.6.2014 and how many bore wells were pending and to furnish a list of such bore wells.

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3.It is the further case of the petitioner that though the application was made on 17.06.2014, the list of beneficiaries under the Indira Ninaivu Kudiyiruppu Thittam alone was furnished and other informations were not furnished to the petitioner. Hence, the petitioner filed an appeal dated 11.02.2015 to the Appellate Authority/Joint Secretary to the Government, Rural Development and Panchayat Raj Department, Chennai -9, who inturn transferred the appeal to the Appellate Authority/Block Development Officer, Veppanthattai Panchayat Union by a Government Letter bearing No.3998/Ma.A.Thi.1/2015-2 dated 19.02.2015. Thereafter, the first respondent sent a communication dated 05.03.2015 calling the petitioner to pay the required fees for furnishing the copies relating to the informations sought for by the petitioner. On receipt of the same, the petitioner paid the required fees. However, the informations sought for by the petitioner under item nos.(2) to (6) of his application dated 17.06.2015 were not furnished to him. Therefore, the petitioner has filed the present writ petition for the above stated relief.

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Heard Mr.P.Rajendran, learned counsel for the petitioner and Mr.M.Dig Vijaya Pandian, learned Additional Government Pleader, who took notice for the respondents.

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https://hcservices.ecourts.gov.in/hcservices/

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Considering the facts and circumstances of the case, without going into the merits of the claim made by the petitioner, this Court directs the second respondent to consider the petitioner's appeal dated 11.02.2015 by affording an opportunity of personal hearing to the petitioner and pass appropriate orders. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioner and it is for the second respondent to pass appropriate orders purely on merits and in accordance with law. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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The writ petition is disposed of accordingly. No costs.

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Sd/-
Asst.Registrar (CS VI )
/true copy/
Sub Asst. Registrar
To
1.Appellate Authority /Deputy Block
Development Officer (Panchayats)
(Right to Information Act)
Veppanthattai Panchayat Uniion,
Perambalur District.
2.The Assistant Public Information Officer,
Panchayat Secretary, Noothappur Panchayat
Veppanthattai Panchayat Union,
Perambalur District.
+1cca to Mr.P.Rajendran, Advocate Sr.6220
+1cc to Mr.M.Dig Vijaya Pandian, Advocate sr.6237
W.P.No.829 of 2016
vs[co]
srg 08/02/2016

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https://hcservices.ecourts.gov.in/hcservices/

P.Annadurai v. Appellate Authority/Deputy

Case brief

What is this about?

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P.Annadurai v. Appellate Authority/Deputy

Case brief

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