Disposed

R.Somuraj v. The Chief Information Commissioner cum Second Appellate Authority

Madras HC11 Nov 2024WP(MD)/26389/2024

Case brief

AI extract

What is this about?

The Madras High Court issued a direction to the Chief Information Commissioner (First Appellate Authority) to dispose of the petitioner's second appeal, dated 13.08.2024, within six months due to repeated delays regarding information requests under the RTI Act.

What did the court decide?

Direction issued to the First Appellate Authority to dispose of the second appeal dated 13.08.2024 within a period of six months.

R.Somuraj Vs The Chief Information Commissioner cum… — RTI and Transparency | Madras HC (2024)

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W.P.(MD)No.26389 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.11.2024

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CORAM

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THE HONOURABLE MRS.JUSTICE N.MALA

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W.P.(MD)No.26389 of 2024

R.Somuraj

... Petitioner

Vs.

1.The Chief Information Commissioner, Cum Second Appellate Authority, 26FJ + FMG, Commercial Taxes Department Road, Fanepet, Nandanam, Chennai - 600035.

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2.The First Appellate Authority, The District Collector, The District Collectorate Campus, Dindigul District.

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3.The Public Information Officer, Office of A.D.Town Panchayat, Dindigul, Dindigul District.

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4.The Public Information Officer, Executive Officer, Palayam Municipality, Gujiliyamparai, Dindigul District. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose of the

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.26389 of 2024

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petitioner's second appeal dated 13.08.2024 and to take appropriate action against the respondents 2 to 4 for providing information to the petitioner based on the application, dated 02.06.2022 under the Right to Information Act, within a stipulated time fixed by this Court.

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(Amended as per order of this Court, dated 11.11.2021 in W.M.P(MD)No.22691 of 2024 in W.P(MD)No.26389 of 2024)

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For Petitioner : Mr.K.Senthil Kumar For R1 : Mr.Raguvaran Gopalan For R2 to R4 : Mr.A.Kannan Additional Government Pleader

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O R D E R

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This writ petition has been filed for a direction to the first respondent to dispose of the petitioner's second appeal, dated 13.08.2024 and to take appropriate action against the respondents 2 to 4 for providing information to the petitioner based on the application, dated 02.06.2022 under the Right to Information Act.

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2. The petitioner vide application, dated 06.03.2022 sought certain

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information under Right to Information Act from the fourth respondent. The said information was not furnished. Therefore, the petitioner preferred an appeal

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.26389 of 2024

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on 10.06.2022. In pursuance of the appeal, the appellate authority on 29.06.2022 forwarded the appeal to the fourth respondent. The fourth respondent, thereafter on 14.07.2022 provided unrelated information. The petitioner thereafter filed second application under the Right to Information Act to the fourth respondent on 02.06.2023. The fourth respondent again furnished unrelated information to the petitioner on 28.06.2023. Therefore, the petitioner submitted his first appeal before the third respondent on 03.08.2023. The first application was forwarded by the third respondent to the fourth respondent on 10.08.2023. Once again, the fourth respondent provided the same information on 08.09.2023. On 16.10.2023, the first respondent sent a letter to the petitioner

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to file second appeal as per the procedure. The petitioner therefore submitted his second appeal on 13.08.2024 as per procedure and the same was not considered till date. The petitioner therefore filed the writ petition for the aforesaid relief.

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The learned counsel for the petitioner submits that though a large relief is claimed in the writ petition, it would suffice if a direction is issued to the first respondent to dispose of the petitioner's second appeal, dated 13.08.2024 within a time frame fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.26389 of 2024

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Considering the limited submission made by the learned counsel for

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the petitioner, a direction is issued to the first respondent to dispose of the petitioner's second appeal, dated 13.08.2024 as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order.

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5. Accordingly, the writ petition stands disposed of. No costs.

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11.11.2024

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NCC:yes/no Index:yes/no Internet:yes/no SN

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To:

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1.The District Collector, Thanjavur District, Thanjavur.

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2.The Tahsildar, Pattukottai Taluk, Thanjavur District.

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3.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.26389 of 2024

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N.MALA, J.

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W.P.(MD)No.26389 of 2024

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11.11.2024

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https://www.mhc.tn.gov.in/judis

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R.Somuraj v. The Chief Information Commissioner cum Second Appellate Authority

Case brief

What is this about?

What did the court decide?

R.Somuraj v. The Chief Information Commissioner cum Second Appellate Authority

Case brief

What is this about?

What did the court decide?

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