B.Ramesh v. The Commissioner
IN THE HIGH COURT AT JUDICATURE AT MADRAS
DATED: 16.06.2025
CORAM
THE HON'BLE MRS.JUSTICE N.MALA B. Ramesh
...Petitioner
Vs.
1. The Commissioner, The Tamil Nadu State Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai - 600 035.
2. The First Appellate Authority and Tahshildar, Sirkali Taluk Office, Sirkali Taluk, Myladuthurai District - 609 111.
...Respondents
Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the first respondent to take necessary action as against the third respondent as per Right to Information Act, 2005 pursuant to his order dated 06.12.2024 and furnish the information sought for by the petitioner and pass orders.
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For Petitioners : Mr.K. Magesh For Respondent- 1 : Mr.C. Vigneshwaran Standing counsel For Respondents 2 & 3 : Mrs. P. Vijayadevi, Government Advocate
ORDER
Mr.C. Vigneshwaran, Standing counsel takes notice for the respondent. Mrs. P. Vijayadevi,Government Advocate takes notice for the second and third respondents.
2. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. This writ petition is filed seeking for a Writ of Mandamus directing the first respondent to take necessary action as against the third respondent under the Right to Information Act, 2005 pursuant to his order dated 06.12.2024 and furnish the information sought for by the petitioner. 2/6
4. The petitioner sought certain information under the Right to Information Act 2005, from the third respondent on 27.02.2023, but the 3 rd respondent failed to furnish the information within the stipulated time. Therefore, the petitioner filed a first appeal before the second respondent on 03.04.2023. The second respondent also failed to furnish the information in time. Mean while, the third respondent sent a reply stating that the information sought for by the petitioner could not be furnished on the ground that the information sought related to third party information. Aggrieved by the reply of the third respondent, the petitioner filed a second appeal to the first respondent on 12.05.2023. The first respondent after hearing the parties passed an order on 06.12.2024, directing the third respondent to furnish the information sought for by the petitioner, within a period of one week, failing which, the first respondent warned of necessary action under the RTI Act.
5. Inspite of the order passed by the first respondent on 06.12.2024, the third respondent failed to furnish the information sought for by the petitioner and therefore, the petitioner submitted the non-compliance petition to the first 3/6
respondent on 20.01.2025. As no action was taken by the first respondent, the petitioner was constrained to file the above writ petition for the above said relief.
6. When the matter was taken up for hearing the learned Standing counsel appearing for the first respondent submitted that the petitioner's non-compliance petition dated 21.01.2025, was received and numbered as SA.NC.CP 34 of 2025 and so reasonable time may be granted to pass orders on SA.NC.CP 34 of 2025.
7. In view of the submissions made by the learned Standing counsel appearing for the first respondent, I am inclined to issue a direction to the first respondent, to pass orders in petition No.SA.NC.CP 34 of 2025, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
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8. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs.
16.06.2025 Index:Yes/No Speaking order:Yes/No To.
1. The Commissioner, The Tamil Nadu State Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai - 600 035.
2. The First Appellate Authority and Tahshildar, Sirkali Taluk Office, Sirkali Taluk, Myladuthurai District - 609 111.
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N.MALA,J.
smn 16.06.2025 6/6