BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:23/12/2008
CORAM
THE HONOURABLE MR.JUSTICE G.RAJASURIA
W.P(MD)No.12165 of 2008
K.Karuppasamy . . . Petitioner
Vs.
1.The State Chief Information Commissioner,
Tamil Nadu Information Commission,
Kamadhenu Co-operative Supermarket Building,
I Floor, Teynampet, Old No.273, New No.378,
Anna Salai, Chennai - 600 018.
2.The Public Information Officer-cum-Assistant,
Director of Panchayats,
Rural Development Department,
O/o. Collectorate, Thoothukudi.
3.The Assistant Public Information Officer
-cum-Deputy Block Development Officer,
Kayathar Panchayat Union,
Kayathar, Thoothukudi District. . . . Respondents
PRAYER
Writ petition filed under Article 226 of the Constitution of India,
praying to issue a writ of mandamus directing the 3rd respondent to furnish the
particulars sought for in the application made under Right to Information Act by
the petitioner dated 06.06.2008 and consequently direct the 1st respondent to
punish the 2nd and 3rd respondents under Sec.20 of Right to Information Act for
non-compliance of Sec.7 of the Right to Information Act within the time that
may be stipulated by this Honourable Court.
!For Petitioner ... Mr.G.Thulaimutharasu
^For Respondents ... Mr.D.Sasikumar
Government Advocate (Writs)
:ORDER
This writ petition has been filed to issue a writ of mandamus to direct
the 3rd respondent to furnish the particulars sought for in the application made
under Right to Information Act by the petitioner dated 06.06.2008 and
consequently to direct the 1st respondent to punish the 2nd and 3rd respondents
under Sec.20 of Right to Information Act for non-compliance of Sec.7 of the
Right to Information Act.
2. Heard the learned counsel for the petitioner and also Mr.D.Sasikumar,
learned Government Advocate, who took notice on behalf of the respondents.
3. The grievance of the petitioner as aired by the learned counsel for the
petitioner is to the effect that the petitioner made an application dated
06.06.2008 to the third respondent to furnish the following informations:
” (i) How many houses were allotted in Theethampatty Village till 2008-09 and
give explanation to that.
(ii) Under what scheme the houses were allotted.
(iii) Who were the allottees and their address.
(iv) Whether free scheme patta or registered document? Give the copy of same
under Right to Information Act.
(v)To give the House Tax receipts of the allottees who are in occupation.”
(vi)
But he has furnished only the name of the allottees and nothing more. Appeal was
filed against it to the 2nd respondent and the order was modified. As against
which, Second Appeal was filed before the first respondent and the same is
pending. The petitioner has approached this Court under Article 226 of the
Constitution of India, as he could not get any order from the first respondent.
4. Be that as it may. The issue here is very limited. The petitioner has
sought for five particulars as per the application dated 06.06.2008. On perusal
of the said representation, I am of the considered view that the first four
items are tenable and the last one is not relevant at all and it obvious. It
appears out of the first four items, only the names of the allottees were
furnished to the petitioner.
5. Hence, in these circumstances, the following direction is issued:
The third respondent shall furnish information to the petitioner under the
aforesaid four captions in full within a period of one month from the date of
receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
sj
To
1.The State Chief Information Commissioner,
Tamil Nadu Information Commission,
Kamadhenu Co-operative Supermarket Building,
I Floor, Teynampet,
Old No.273, New No.378,
Anna Salai,
Chennai – 600 018.
2.The Public Information Officer-cum-Assistant,
Director of Panchayats,
Rural Development Department,
O/o. Collectorate,
Thoothukudi.
3.The Assistant Public Information Officer
-cum-Deputy Block Development Officer,
Kayathar Panchayat Union,
Kayathar,
Thoothukudi District.