1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).Nos.4837 & 4838 of 2011 C.Nandhagopal : Petitioner in both W.Ps. Vs The Assistant Executive Engineer Public Works Department (PWD) Water Resource Organization Palani Sub Division Palani Dindigul District : Respondent in W.P.(MD). No.4837/2011 The Assistant Executive Engineer Division I Executive Engineer Office Public Works Department (PWD) Building Maintenance Department Dindigul : Respondent in W.P.(MD).No.4838/2011 PRAYER IN W.P.(MD).No. 4837/2011: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation, dated 09.02.2011 as pass such further or other orders as this Hon'ble Court may deem fit and proper. PRAYER IN W.P.(MD).No. 4838/2011: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to furnish the information sought by the petitioner's dated 11.01.2011 and also consider the petitioner's representation dated 21.04.2011 as pass such further or other orders as this Hon'ble Court may deem fit and proper. For Petitioner in both W.Ps. : Mr.R.Ramadurai For Respondent in both W.Ps. : Mr.K.Balasubramanian Additional Government Pleader C O M M O N O R D E R Mr.K.Balasubramanian, learned Additional Government Pleader takes notice on behalf of the respondent in both the Writ Petitions. By consent of both sides, these Writ Petitions are taken up for final hearing. https://hcservices.ecourts.gov.in/hcservices/ 2 2. According to the petitioner, he has sought for information under the Right to Information Act to the respondent. The respondent has belatedly sent reply directed the petitioner to approach the Executive Engineer (PWD), Nanganachiyar, Palani. The petitioner has approached the said authority by way of representation. Since it was not considered, he has come forward with this Writ Petition. 3. Heard both sides. 4. Unfortunately, the petitioner ought to have filed an appeal as provided under the Act. But without preferring such an appeal, the petitioner is merely making a representation and wants the same to be considered. Hence the Writ Petition is not maintainable. 5. It is suffice to direct that it is always open to the petitioner to file an appeal before the Appellate Authority, if he is still aggrieved, against the rejection of Petition under Right to Information Act. This Writ Petition is not maintainable. The petitioner is at liberty to move the Appellate Authority in accordance with law. 6. With the above said direction, these Writ Petitions are dismissed. No costs. Sd/ Assistant Registrar(CO ) /True Copy/ Sub Assistant Registrar To 1. The Assistant Executive Engineer Public Works Department (PWD) Water Resource Organization Palani Sub Division Palani Dindigul District 2. The Assistant Executive Engineer Division I Executive Engineer Office Public Works Department (PWD) Building Maintenance Department Dindigul +one cc to Special Government Pleader, Sr.No. 15496 W.P.(MD).Nos.4837 & 4838 of 2011 27.04.2011 VSG SMA/18.05.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/