P.Mooventhan v. The Tamil Nadu State Information Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA P. Mooventhan ... Petitioner Vs.
1. The Tamil Nadu State Information Commission, Rep.by its Commissioner, Block No.19, Government Estate, Saidapet, Chennai 600 035.
2. The First Appellate Authority/ Block Development Officer, (Under the right to information Act) Block Development Office, Mailam Block, Kotteripattu, Tindivanam Taluk - 604 302.
3. The Public Information Officer, (Under the right to information Act) Block Development Office, Mailam Block, Kotteripattu, Tindivanam Taluk - 604 302. ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the 3rd respondent to consider and dispose
of the petitioner's application dated 09.12.2024 filed under Section 6(1) of the RTI Act, 2005 and provide the information to the petitioner within the stipulated time fixed by this Court and direct the 1st respondent to take action against the 3rd and 2nd respondents for not providing the information under the right to information Act.
For Petitioner : Mr.K.Sathyaraj For Respondents : Mr.C.Vigneshwaran Standing Counsel for R1 & R3 Mr.P.Balathandayutham Special Government Pleader for R2
O R D E R
This writ petition is filed for issuance of a writ of mandamus to direct the 3rd respondent to consider and dispose of the petitioner's application dated 09.12.2024, filed under Section 6(1) of the RTI Act, 2005, and provide the information sought by the petitioner, within the stipulated time fixed by this Court and further direct the 1st respondent to take action against the 2nd and 3rd respondents for not providing the information under the Right to Information Act.
2. Mr.C.Vigneshwaran, learned Standing Counsel takes notice for R1 & R3 and Mr.P.Balathandayutham, learned Special Government Pleader takes
notice for R2. With the consent of both side counsels the main writ petition is taken up for disposal.
3. The petitioner states that he is employed as a daily wage worker at JIPMER Hospital, Puducherry, and is actively engaged in social work in his village. On 09.12.2024, he submitted an application under Section 6(1) of the Right to Information Act, 2005, to the third respondent, seeking details regarding its jurisdiction over Veedor Panchayat, Mailam Block, Tindivanam Taluk, as well as fund allocations and scheme completion details from 2021 to 2024. Although the third respondent received the application, no information was provided, and so he filed a first appeal on 09.01.2025 under Section 19 (1) of the RTI Act, to the second respondent. Despite receipt of the appeal, even the second respondent failed to respond and therefore the petitioner filed a second appeal on 12.02.
2025, under Section 19 (3) of the RTI Act, to the first respondent, who also failed to pass any order. The petitioner states that though third respondent possesses the relevant records, the information sought by the petitioner was not furnished, which was violative of his rights under the RTI Act. The petitioner states that he also submitted a representation to the State Chief Information Commissioner on 12.02.
no response or information was received till date. Having no other remedy, the petitioner filed the above writ petition for the aforesaid relief.
4. Heard both sides and perused the materials available on record.
5. Admittedly the petitioner filed Second Appeal under Section 19 (3) of the Right to Information Act, 2005 to the 1st respondent on 12.02.2025. However as per the instructions of the 1st respondent, the 2nd respondent returned the second appeal petition for presentation in proper format on 06.06.2025. Indisputably the petitioner has not represented the second appeal till date.
6. In view of the aforesaid facts, the petitioner is directed to comply with the defects pointed out in the letter dated 06.06.2025, within a period of two weeks, from the date of receipt of a copy of this order. On compliance of the said defects by the petitioner, the first respondent, shall consider the second appeal and pass orders on merits and in accordance with law, within a period of twelve weeks, from the date of compliance of the defect. It is made clear that the time for compliance of defects will not be extended further and it is upto the petitioner to comply with the defects, within the time stipulated by this Court.
7. With the above direction, the writ petition is disposed of. No costs. 10.06.2025 dpq Index : Yes /No Speaking Order : Yes/No To
1. The Commissioner, Tamil Nadu State Information Commission, Block No.19, Government Estate, Saidapet, Chennai 600 035.
2. The First Appellate Authority/ Block Development Officer, (Under the right to information Act) Block Development Office, Mailam Block, Kotteripattu, Tindivanam Taluk - 604 302.
3. The Public Information Officer, (Under the right to information Act) Block Development Office, Mailam Block, Kotteripattu, Tindivanam Taluk - 604 302.
N. MALA, J.
dpq
10.06.2025