Allowed

Ramesh v. The Public Information Officer

Madras HC20 Nov 2024WP(MD)/27554/2024

Case brief

AI extract

What is this about?

The writ court disposed of a consent order petition filed under Article 226. The petitioner challenged the non-compliance by the First Respondent with the appeal order of the Second Respondent under the RTI Act. The court rejected the respondent's submission regarding the remedy of appeal and directed the First Respondent to furnish information within four weeks.

What did the court decide?

Direction issued to the First Respondent to comply with the appeal order dated 04.09.2024 within four weeks of receipt.

Ramesh Vs The Public Information Officer — RTI and Transparency | Madras HC (2024)

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W.P.(MD)No.27554 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 20.11.2024

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CORAM:

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THE HONOURABLE MRS.JUSTICE N.MALA

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W.P.(MD)No.27554 of 2024

Ramesh

...Petitioner

/Vs./

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

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

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2 nd respondent to furnish the information to the petitioner with proper manner, on the basis of 1 st 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.

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For Petitioner : Mr.G.Hari Haran For Respondents : Mr.M.Muthumanikkam Government Advocate

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

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W.P.(MD)No.27554 of 2024

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ORDER

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This Writ Petition is filed seeking issuance of Writ of mandamus

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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 .

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

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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

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

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W.P.(MD)No.27554 of 2024

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

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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.

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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.

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

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W.P.(MD)No.27554 of 2024

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

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costs.

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

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4/6 https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.27554 of 2024

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TO:

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

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

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

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W.P.(MD)No.27554 of 2024

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N.MALA, J.

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Order made in W.P.(MD)No.27554 of 2024

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Dated: 20.11.2024

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Ramesh v. The Public Information Officer

Case brief

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Ramesh v. The Public Information Officer

Case brief

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