Velayutham v. The State Information Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-08-2025
CORAM
THE HONOURABLE MRS JUSTICE N.MALA Velayutham, Residing at No.11/35, Karani Thottam, Main Street, Saidapet, Chennai-600 015.
Petitioner(s) Vs 1.The State Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai-600 035.
2.The First Appellate Authority, The Joint Commissioner, Hindu Religous and Charitable Endowments, R.K.Madam Salai, Mylapore, Chennai-600 004.
3.The Public Information Officer, Executive Officer, Arulmigu Karaneeswarar Thirukoil, Saidapet, Chennai-600 015.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to pass 1/6
an order directing the third respondent to furnish the information with regard to the application dated 06.04.2024 submitted with third respondent within a time frame and pass such further orders.
For Petitioner(s):
Mr.L.Dhamodharan For Respondent(s):
Mr.C.Vigneswaran, Standing Counsel for R1 Mr.S.Ravichandran, Additional Government Pleader for R2 & R3
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to pass an order directing the third respondent to furnish the information with regard to the application dated 06.04.2024 submitted with third respondent.
2. The Petitioner is a resident of Saidapet and submitted the RTI application dated 25.03.2024 to the third respondent seeking information regarding the employment status of Mr. Thanigalvel at the Karaneeshwarar Temple, Saidapet, Chennai. As the third respondent failed to respond, the Petitioner filed a first appeal on 28.05.2024 before the second respondent, who then directed the third respondent to furnish the requested information within 2/6
five days. Despite this, the third respondent declined to provide the information. The Petitioner then filed a second appeal to the first respondent on 21.07.2024, but no action followed. A legal notice was sent on 11.12.2024 to the third respondent, which was acknowledged but not acted upon. Thus, the Petitioner approached this Court.
3. Learned Counsel for the Petitioner submits that the refusal to disclose the information is arbitrary and aimed at shielding Mr. Thanigalvel, who is alleged to have committed malpractices and faced disciplinary actions. He asserts that the information sought does not fall under any of the exemptions listed in Section 8 of the RTI Act, 2005. The non-disclosure, despite directives from the second respondent, is wilful and unjustified. Hence, this case.
4. Learned Standing Counsel appearing for the first respondent would submit that he has not received any application from the petitioner, and the same was ascertained by the respondents Authorities by oral instructions.
5. In view of the above submission, the learned counsel for the petitioner submits that he is ready and willing to submit a fresh application to the first respondent.
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6. Heard both sides and perused the materials available on record.
7. Without going into the merits of the case, this Court is inclined to pass the following directions:
a) The petitioner is directed to submit a fresh application to the first respondent within a period of two weeks from the date of receipt of a copy of this order.
b) On receipt of such application from the petitioner, the first respondent shall consider the same on merits, in accordance with law, and pass appropriate orders within a period of eight weeks thereof. In the result, the writ petition stands disposed of with the above observations and direction. No costs.
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To 1.The State Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai-600 035.
2.The First Appellate Authority, The Joint Commissioner, Hindu Religous and Charitable Endowments, R.K.Madam Salai, Mylapore, Chennai-600 004.
3.The Public Information Officer, Executive Officer, Arulmigu Karaneeswarar Thirukoil, Saidapet, Chennai-600 015.
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N.MALA. J.
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