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S. Sivalingam Vs. The Commissioner, Tamilnadu State Information Commission and Others - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

W.P(MD) No. 5486 of 2015

Judge

Appellant

S. Sivalingam

Respondent

The Commissioner, Tamilnadu State Information Commission and Others

Excerpt:


constitution of india - article 226 - right to information act 2005 - section 20 - furnish information - petitioner sought to direct second and third respondents to furnish information sought for by petitioner in his petition - court held - petitioner may be permitted to re-present appeal, after effecting compliance court without expressing into any view on claim made by petitioner only by granting liberty to petitioner represent appeal to first respondent, after effecting compliance - writ petition disposed of. paras : (2,3) .....13.03.2014 and further directing the respondents 2 and 3 to pay a penalty of rs. 250(rupees two hundred and fifty only) per day from 13.03.2014 till the date of furnishing information in consonance with section 20 of the right to information act 2005.) 1. though this writ petition is filed seeking a mandamus directing the respondents 2 and 3 to furnish the information sought for by the petitioner under rti act based on his application dated 13.03.2014, it appears that the second appeal preferred by the petitioner before the first respondent came to be returned on 28.04.2015 for effecting certain compliances. 2. the learned counsel appearing for the petitioner submits that the petitioner may be permitted to re-present the appeal, after effecting the compliance. 3. accordingly, this writ petition is disposed of without expressing into any view on the claim made by the petitioner only by granting liberty to the petitioner represent the appeal to the first respondent, after effecting compliance. if there is any delay in re-presenting the same, such delay need not be taken into consideration by the first respondent. no costs.

Judgment:


(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the Respondents 2 and 3 to furnish information sought for by the petitioner in his petition dated 13.03.2014 and further directing the respondents 2 and 3 to pay a penalty of Rs. 250(Rupees two hundred and fifty only) per day from 13.03.2014 till the date of furnishing information in consonance with section 20 of the Right to Information Act 2005.)

1. Though this writ petition is filed seeking a Mandamus directing the respondents 2 and 3 to furnish the information sought for by the petitioner under RTI Act based on his application dated 13.03.2014, it appears that the second appeal preferred by the petitioner before the first respondent came to be returned on 28.04.2015 for effecting certain compliances.

2. The learned counsel appearing for the petitioner submits that the petitioner may be permitted to re-present the appeal, after effecting the compliance.

3. Accordingly, this writ petition is disposed of without expressing into any view on the claim made by the petitioner only by granting liberty to the petitioner represent the appeal to the first respondent, after effecting compliance. If there is any delay in re-presenting the same, such delay need not be taken into consideration by the first respondent. No costs.


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