The Madurai Bench dismissed the writ petition as not maintainable and for abuse of process. The court held that the petitioner could have availed the appeal remedy under the Right to Information Act instead of invoking the extraordinary jurisdiction under Article 226 of the Constitution.
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:23.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.21703 of 2018
R.K.Veerasamy ... Petitioner
vs.
The District Revenue Officer, Collector's Office, Virudhunagar.
... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus directing the respondent District Revenue Officer, Virudhunagar to provide a copy of L.E. 1 licence issued to Mahendra fireworks within the time frame as stipulated by this Court.
For Petitioner : Mr.C.Jeganathan For Respondent : Mr.S.Angappan Government Advocate
O R D E R
The petitioner has approached this Court seeking issuance of writ of Mandamus directing the respondent District Revenue Officer, Virudhunagar to provide a copy of L.E. 1 licence issued to Mahendra fireworks within the time frame as stipulated by this Court.
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always open to him to file an appeal against the said order. It is certainly not open to the petitioner to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. This Court finds that the present writ petition is filed, despite the availability of the appeal remedy under the relevant Statute. It is an abuse of process of Court and therefore, the Writ Petition is dismissed as not maintainable. No costs.
Sd/-
Assistant Registrar(PROTOCOL)
/True Copy/
Sub Assistant Registrar(CS IV)
ssl
To
The District Revenue Officer, Collector's Office, Virudhunagar.
1CC TO M/S. VEERA ASSOCIATES,ADVOCATE SR 91098 1CC TO THE SPL GOVT PLEADER SR 91403 DS RSK SAR 4 9 11 2018 2P 4C
W.P.(MD) No.21703 of 2018
23.10.2018
2 issues framed by the court
Whether the petitioner can invoke writ jurisdiction under Article 226 when the remedy under the RTI Act is available?
Whether filing a writ petition for a copy of documents is maintainable when Section 19 of the Right to Information Act provides for an appeal?
R.K. Veerasamy
The District Revenue Officer, Collector's Office, Virudhunagar
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
