Single judge of Madras High Court dismissed a writ petition challenging an RTI appellate order. The court held that the statutory appellate remedy wasn't exhausted. The petition was disposed of with liberty to file a second appeal.
Petition dismissed without expressing any view on merits; liberty granted to file a second appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 18.01.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
W.P(MD)No.9362 of 2015
and M.P(MD)No.1 of 2015
P.Selva Dhas
..Petitioner
Vs
New Delhi.
Level-5, East Block-8,
..Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the fourth respondent dated 7.4.2014. vide No.8/imm/2014 (3)-11 on the Right to Information Appeal, dated 17.3.2014 and to quash the same and thereby to direct the third respondent to furnish information to the Petitioner as per the Petitioner's representation, dated 11.2.2014.
For Petitioner :M/s.M.R.Sreenivasan
For Respondents :Mr.J.Jeyakumaran Standing Counsel
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ORDER
The Petitioner seeks for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the fourth respondent dated 7.4.2014. vide No.8/imm/2014(3)-11 on the Right to Information Appeal, dated 17.3.2014 and to quash the same and thereby to direct the third respondent to furnish information to the Petitioner as per the Petitioner's representation, dated 11.2.2014.
2.Heard the learned counsels appearing on either side and perused the materials placed before this Court.
3.The order under challenge passed by the fourth respondent, dated 17.3.2014 under the Right to information Act is an appealable order before the competent appellate authority constituted under the Right to Information Act.
4.Without exhausting such remedy, the Petitioner has approached this Court and filed the present Writ Petition. Though the Petitioner has raised some grounds both on legal and factual aspects of the matter, this Court, at this stage, is not inclined to go into such issues, since the Petitioner is having a statutory appellate remedy before such authority, who in-turn shall consider all these aspects, while hearing the appeal.
5.Therefore, this Writ Petition is disposed of, without expressing any view on the merits of the claim made by the Petitioner, only with a liberty to the Petitioner to file a Second Appeal before the competent authority within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.
Assistant Registrar(AE)
/True Copy/
Sub Assistant Registrar
To
1.The Joint Deputy Director & CPIO, Intelligent Bureau, (Ministry of Home Affairs), Government of India, New Delhi.
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2.The Deputy Director & Appellate Authority, Intelligent Bureau, Level-5, East Block-8, K.K.Puram, New Delhi – 110 066.
+1cc to Mr.M.R.Sreenivasan, Advocate SR.NO.3145 +1cc to Mr.J.Jeyakumaran, Advocate sR.No.2840
vsn
sm:RR-BS:02/02/2017:3P/5C
W.P(MD)No.9362 of 2015
and M.P(MD)No.1 of 2015 18.01.2017
1 issue framed by the court
Whether the court should entertain a writ petition challenging an appellate order under the Right to Information Act without exhausting the statutory appellate remedy.
1 provisions across 1 enactments
P.Selva Dhas
The Airport Director and Public Information Officer, Airport Authority of India, Trivendrum International Airport
The Public Information Officer/ The Officer-in-charge/PRO, Immigrations Department, Trivendrum International Airport
The Joint Deputy Director & CPIO, Intelligent Bureau, (Ministry of Home Affairs), Government of India, New Delhi
The Deputy Director & Appellate Authority, Intelligent Bureau, Level-5, East Block-8, K.K.Puram, New Delhi
K.Ravichandrabaabu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
