M.Thamizharasan v. The Public Information Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD M.Thamizharasan
...Petitioner
-Vs1.The Public Information Officer and the District Collector Office, C.B. Citrarasu House, Sathuvachari, Vellore District - 632 009.
2.The Public Information Officer, The Superintendent, Corporation Office, Vellore, Vellore District - 632 009.
3.The Public Information Officer and Head Quarters, Deputy Tahsildar District Collector's Office, Vellore, Vellore District - 632 009.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, to direct the 2nd and 3rd respondents to dispose the petitioner's RTI application dated 25.10.2024 within the stipulated time period fixed by this Court and pass such further orders.
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For Petitioner :
Mr.C.Anandaraj For R1 & R3 :
M/s.P.Aishwarya Government Advocate For R2 :
Mr.P.S.Prabhu, Standing Counsel
O R D E R
This writ petition has been filed for issuance of a Writ of Mandamus, to direct the 2nd and 3rd respondents to dispose of the petitioner's RTI application dated 25.10.2024 within the stipulated time period fixed by this Court.
2. The petitioner and 40 families have been residing in Anjaneyar Koil Street, Kansalpet, Vellore District, for 60 years on Natham land. Despite multiple petitions, a patta has not been issued, though authorities recommended it in 2008. In 2021, Mr.Mohan Reddy, a private individual, filed a PIL (W.P.No.26445 of 2021) branding the petitioners as encroachers. The High Court recorded the AAG's submission that steps were being taken and closed the petition. Mohan Reddy later filed Contempt Petition No.1008 of 2024, leading to eviction notices and a demolition order on 31.05.2024. 2/6
3. On 12.06.2024, demolition began but was halted due to protests. A recall petition (W.M.P.No.18224 of 2024) was dismissed on 05.11.2024, and the contempt petition was disposed of. Meanwhile, the petitioner filed an RTI on 25.10.2024 seeking land records, but no response was given.
4. Learned counsel appearing for the petitioner submits that the petitioner and the other families are long-term occupants and are entitled to patta, which was recommended by authorities in 2008 but never issued. The eviction proceedings were initiated based on a malicious PIL filed by Mr.Mohan Reddy for personal gain. The demolition order was issued without inquiry, notice, or hearing, violating natural justice. The RTI application seeking crucial land records and Government schemes remains unanswered. The petitioner further refers to the Supreme Court's Ruling in State of Haryana vs. Mukesh Kumar (2013), which held that long-term occupants must be given a fair hearing before eviction. Hence, the present writ petition is filed.
5. Learned Standing Counsel appearing for the second respondent submits that the petitioner's RTI application dated 25.10.2024 would be 3/6
considered on merits, in accordance with law, within a time frame stipulated by this Court.
6. Heard both sides and perused the materials available on record.
7. Without going into the merits of the case, the 2nd respondent and 3rd respondents are directed to dispose of the petitioner's RTI application dated 25.10.2024 on merits, in accordance with law, and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order.
In the result, the writ petition stands disposed of with the above observation and direction. No costs.
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To 1.The Public Information Officer and the District Collector Office, C.B. Citrarasu House, Sathuvachari, Vellore District - 632 009.
2.The Public Information Officer, The Superintendent, Corporation Office, Vellore, Vellore District - 632 009.
3.The Public Information Officer and Head Quarters, Deputy Tahsildar District Collector's Office, Vellore, Vellore District - 632 009.
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J.SATHYA NARAYANA PRASAD, J.
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