P. KANNAN Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India filed by the petitioner, who is a life time member of the Andaman Tamizhar Sangam since May, 1995. It has been contended that said Andaman Tamizhar Sangam is a society registered under the Joint Stock Companies and Societies Act and is getting financial assistance from the Andaman and Nicobar Administration through the Member of Parliament Local Area Development Funds and as such the said Andaman Tamizhar Sangam comes under the purview of Right to Information Act, 2005.

(2.) The grievance of the petitioner is that the petitioner had filed an application under the provisions of Right to Information Act, 2005 on November 15, 2017 addressed to Public Information Officer, Additional District Magistrate, Office of the Deputy Commissioner, South Andaman District, seeking certain information relating to Andaman Tamizhar Sangam. In response to the petitioner's said application, the office of the District Magistrate, South Andaman District issued an order dated November 30, 2017 requesting the President/Secretary Andaman Tamizhar Sangam, Port Blair to submit the requisite information as sought for by the petitioner. The Secretary Andaman Tamizhar Sangam did not supply the information as sought for by the petitioner. Then the petitioner filed first appeal before the Deputy Commissioner, South Andaman District due to non-supply of information by Respondent Nos. 3 and 4. The Deputy Commissioner, South Andaman District passed an order on March 22, 2018 and directed the Assistant Commissioner (Head Quarter/Public Information Officer) to write a letter to the respondent nos. 3 and 4 for supply of the information as sought for by the petitioner directly. In spite of that the respondent nos. 3 and 4 did not comply with the order passed by the Appellate Authority. The petitioner has taken the matter directly with respondent nos. 3 and 4 for compliance with the direction issued by the first Appellate Authority on May 17, 2019. The office of the Deputy Commissioner, South Andaman District issued another letter to the respondent nos. 3 and 4 requesting them to provide the information directly to the petitioner. It has been alleged by the petitioner that for the last one and a half years, they are approaching the respondent nos. 3 and 4 who failed to comply with the order for supply of information sought for by the petitioner in terms of the direction given by the Appellate Authority.

(3.) During the course of hearing, a question has been raised by the learned Counsel appearing for the respondent nos. 3 and 4 relating to the maintainability of the present writ petition in its present form and law. It is the specific contention of the learned Counsel appearing for the respondent nos. 3 and 4 that the Andaman Tamizhar Sangam does not come within the purview of Right to Information Act and as such the respondent nos. 3 and 4 have no statutory obligation to supply/furnish the information to the writ petitioner as sought for by him.