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2011 Supreme(Mad) 4583

M.Y.EQBAL, T.S.SIVAGNANAM
V. Madhav – Appellant
Versus
The Government of Tamil Nadu, Rep. by its Secretary, Personnel & Administrative Reforms – Respondent


Advocates Appeared:
For the Petitioner - N.L. Raja, Manikandan Vathan Chettiar, Advocates.
For the Respondents - R3 to R6 - G. Rajagopalan, Senior Counsel, for M/s. G.R. Associates, R1 - T.N. Rajagopalan, A.G.P., R2 - A. Navaneethakrishnan, S.C., S. Venkatesh, Advocates.

Judgment :-

T.S.Sivagnanam, J.

1. W.P.No.27665 of 2010 has been filed challenging the appointment of the 3rd respondent therein as the State Chief Information Commissioner as unconstitutional, illegal and violative of Section 15(3) of the Right to Information Act, 2005.

2. W.P.No.27666 of 2010 has been filed for the issuance of a Writ of Quo Warranto calling upon the 3rd respondent therein to show cause under what authority he holds the position of the State Chief Information Commissioner, Tamil Nadu.

3. W.P.No.12325 of 2011 has been filed for the issuance of a Writ of Certiorari to quash G.O.Ms.Nos.77 and 124 dated 17.04.2008 and 01.09.2010 respectively issued by the P&AR Department appointing respondents 3 to 6 therein as Commissioners in the Tamil Nadu State Information Commission as being arbitrary and violative of Section 15(3) of RTI Act, 2005.

4. At the very outset, we are of the view that insofar as G.O.Ms.No.77 dated 17.04.2008, which has been challenged in W.P.No.12325 of 2011 is concerned, it is a highly belated one, inasmuch as appointments of State Information Commissioners were made as far back as 17.04.2008 and the same is challenged now in the year 2011. Moreover










































































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