K. SANTHA KUMARI, V. THE COMMISSIONER,

WP(MD)/6126/2015

AI Insights

The case involves K. Santhakumari, a contractor, who filed a writ petition under Article 226 of the Constitution of India against the Tamil Nadu State Information Commission and the Public Information Officer/Assistant Director (Village Panchayats), Ramanathapuram District. The petitioner sought a Writ of Mandamus to compel the second respondent to comply with an earlier order from the first respondent, which directed the supply of certain documents related to her contracts with various village panchayats in Ramanathapuram District. Despite the order, the documents were not provided, prompting the petitioner to approach the High Court for enforcement.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 741633 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 16-06-2015
• Assessment Year: misc
• Laws Referred To: Right to Information Act, 2005, Article 226 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K K SENTHIL; S SATHISHKUMAR
• Assessee Lawyers: R ANAND
• Keywords: Document Supply; Income Tax; Non compliance; Right to Information; Writ of Mandamus
• Section: 5

Judgement Text

"1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2015 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.6126 of 2015 K.Santhakumari ... Petitioner Vs. 1.The Commissioner Tamil Nadu State Information Commission, No.2, Thyagaraja Road, Tenampettai, Chennai. 2.The Public Information Officer/Assistant Director, (Village Panchayats) Ramanathapuram District, Ramanathapuram. ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to comply with the order passed by the first respondent vide his proceedings No.24177/C/2013 dated 27.05.2014 with regard to the supply of documents sought for by the petitioner within the time stipulation as prescribed by this Court and pass any other or further or others orders as this Court may deem fit and proper in the circumstances of the case and thus render justice. For petitioner : Mr.R.Anand For respondents : Mr.K.K.Senthil for R1 Mr.S.Sathishkumar Government Advocate for R2 ORDER The petitioner seeks for a Mandamus directing the second respondent to comply with the order passed by the first respondent vide his proceedings No.24177/C/2013 dated 27.05.2014 with regard to the supply of documents sought for by the petitioner. 2. The case of the petitioner is that she is a Contractor by profession and during the period of 2009-10, 2010-11, she had taken multi number of works in Sethidal Village Panchayat, A.Manakudi Village Panchayat, Uranangudi Village Panchayat and Sithurvadi Village Panchayat coming within Ramanathapuram District. On a successful completion of the same, the authorities had certified and the petitioner placed all the vouchers before the respective panchayat Presidents, who in turn had forwarded the same to the second respondent for processing and billing the same. The petitioner was in need of submitting those copies in the nature of Form 16 before the Income Tax Authority. Hence, she sought for all those documents under Section 5 of the Right to Information Act, 2005 by way of separate representations to each of the panchayat President as mentioned above as early as 29.12.2011. But unfortunately none has been supplied pursuant to the same. As a result, she moved an application before the second respondent on 09.03.2012 and thereby reiterated his claim. As the second respondent had not come forward to supply those https://hcservices.ecourts.gov.in/hcservices/ 2 information, the petitioner approached the first respondent by way of appeal on 28.05.2015. On such appeal, the first respondent vide his proceedings No.24177/C/2013 dated 27.05.2014, has passed a specific order directing the second respondent to supply all those informations as requested by the petitioner on or before 30.06.2014. Till this date, the second respondent has not complied with the said order. Hence, the petitioner has come before this Court. 3. The learned counsel appearing for the petitioner submitted that the documents are very essential one, since the petitioner wants to file Form 16 before the Income Tax Authority. 4. The learned Government Advocate appearing for the second respondent has submitted that a reasonable time limit may be given to the second respondent to furnish the required documents sought for by the petitioner. 5. Considering the facts and circumstances of the case and considering the fact that the request of the petitioner is a genuine one as she wants to file income tax to the authorities concerned, it should be encouraged by the respondents. Hence, the second respondent is directed to furnish all the details as required by the petitioner within a period of four weeks from the date of receipt of a copy of this order. 6. With the above directions, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Commissioner Tamil Nadu State Information Commission, No.2, Thyagaraja Road, Tenampettai, Chennai. 2.The Public Information Officer/Assistant Director, (Village Panchayats) Ramanathapuram District, Ramanathapuram. +1cc to MR.R.ANAND, Advocate in SR.No. 31479 +1cc to MR.K.K.SENTHIL, Advocate in SR.No. 31701 +1CC THE SPECIAL GOVERNMENT PLEADER, IN SR.NO. 31854 Skn SR/PPS : 01.07.2015 : 2p/6c W.P(MD).No.6126 of 2015 16.06.2015 https://hcservices.ecourts.gov.in/hcservices/ "