K.Pandiyarajan v. The Tamilnadu State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2025
CORAM
THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD WP No. 9746 of 2025 K.Pandiyarajan, Son of Krishnan, No.49, Keezha Pudhu Theru, Ward No.9, Pennadam & Post, Tittagudi Taluk, Cuddalore District.
Petitioner(s) Vs The Tamil Nadu State Information Commission, No.19, Government Farm Village, Nandanam, Chennai 35.
Respondent(s) PRAYER: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to take the petitioner's Second Appeal on file, dated 25.09.2024 made under Section 19(3) of Right to Information Act, conduct enquiry and pass orders on the said appeal, within a time frame as may be fixed by this Court.
For Petitioner(s):
Mr.R.Veeramani For Respondent:
Mr.C.Vigneshwaran Standing Counsel
ORDER
This Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondent to take the petitioner's Second Appeal on file, dated 25.09.2024 made under Section 19(3) of Right to Information Act, conduct enquiry and pass orders on the said appeal, within a time frame as may be fixed by this Court.
2. The case of the petitioner is that the petitioner sought for certain information under RTI Act, as regards certain development works that are completed and are pending in different ward Nos.1 to 15 of Pennadam Town Panchayat, Cuddalore District. It is stated that the said information is required to demonstrate exfacie arbitrariness and discrimination in the allocation of funds and uneven developmental works undertaken in different wards. In order to substantiate the case before the Court of law, an application was made under RTI Act to the Public Information Officer (PIO) on 20.05.2024. As no information was furnished within a time frame as
stipulated under the Act, he filed an inter departmental first appeal dated 04.07.2024 to the Appellate Authority under RTI Act viz., Assistant Director of Panchayat at Cuddalore Town Panchayat, Cuddalore District. The said first appeal was received by the RTI Appellate Authority on 10.07.2024. Despite the said appeal, no information was furnished to the petitioner. Therefore, the petitioner had presented a Second Appeal dated 25.09.2024 to the respondent as provided under Section 19(3) of RTI Act, by way of registered post and duly delivered to their office. Since the respondent/Tamil Nadu State Information Commission has not taken the petitioner's Second Appeal on its file, the petitioner had filed the present Writ Petition for appropriate directions.
3. The learned counsel for the petitioner submitted that it would suffice, if this Court issues a direction to the respondent to take the Second Appeal dated 25.09.2024 filed by the petitioner on its file and the same may be disposed of, within a time frame that may be stipulated by this Court.
4. Mr.C.Vigneshwaran, learned Standing Counsel appearing for the respondent submitted that the petitioner's Second Appeal dated 25.09.2024 would be taken on
file and orders passed, within a period of three (3) months from the date of receipt of a copy of this order.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made by the learned counsel on either side and taking into consideration the facts and circumstances of the case, this Court directs the respondent to take the Second Appeal dated 25.09.2024 filed by the petitioner under Section 19(3) of RTI Act on its file and pass appropriate orders, on its own merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.
7. With the above observations and directions, this writ petition is disposed of. No costs.
24.03.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes jd
To The Tamil Nadu State Information Commission, No.19, Government Farm Village, Nandanam, Chennai 35.
J.SATHYA NARAYANA PRASAD J.
jd WP No. 9746 of 2025 24.03.2025