Kumutha v. The State Information Commissioner
IN THE HIGH COURT AT JUDICATURE AT MADRAS
DATED: 17.06.2025
CORAM
THE HON'BLE MRS.JUSTICE N.MALA Kumutha
...Petitioner
Vs.
1. The State information Commissioner, State Information commission, No.19, Government Guest House, Banpet, Nandhanam, Chennai - 35.
2. The first Appellate Authority District Collector, O/o District Collector, Ranipet District.
2. The Public Information Officer/ Deputy Thasildhar, O/o Nemili Thasildhar Office, Nemili Taluk, Ranipet District.
...Respondents
Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the third respondent to provide the complete information as per the application dated 14.02.2022 as per the 1/8
order vide S.A.No.7627/F/2022 dated 27.06.2024 passed by the first respondent and consequently direct the first respondent to take action against the 3 rd respondent as per order vide S.A.No.7627/F/2022 dated 27.06.2024 passed by the first respondent and pass orders.
For Petitioners : Mr.P. Muthamizh Selvakumar 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 first 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.
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3. This writ petition is filed seeking issuance of a Writ of Mandamus, directing the third respondent to furnish the complete information as sought for in the petitioner's application dated 14.02.2022, in terms of the order passed by the first respondent in S.A.No.7627/F/2022 dated 27.06.2024, and to take appropriate action against the third respondent for non-compliance.
4. The petitioner had sought certain information under the Right to Information Act, through his application dated 14.02.2022 addressed to the third respondent, pertaining to land in Survey Nos.70/2, 71/1, 72/3, 81/1,82/2,73/7,82,83,84/1,84/4 2A up to 383 A/2 situated in Ahavalan Village at Nemili Taluk, Ranipet District. As the third respondent failed to furnish the information, the petitioner filed a appeal to the second respondent on 21.03.2022. However, the second respondent also failed to furnish the information. Consequently, the petitioner preferred a second appeal before the first respondent on 25.04.2022. Pursuant to the second appeal, the first respondent passed an order on 27.06.2024, directing the Public Information 3/8
Officer (the third respondent herein) to furnish the information sought for by the petitioner in his application dated 14.02.2022.
5. Despite the categorical direction given by the first respondent, the third respondent failed to comply with the same. Therefore, the petitioner submitted a further representation to the first respondent on 27.06.2024, which was taken on file as N.C.698/F/2024. In the light of the above the petitioner prays for appropriate relief in the present writ petition.
6. The learned counsel for the first respondent submitted that the petitioner had submitted his objections under Rule 10 of Tamil Nadu State Information Commission procedure Rules 2012, for non compliance of the order dated 27.06.2024 of the first respondent and that the same was numbered as N.C.698/F/2024. Hence the counsel prayed for dismissal of the writ petition as the petitioner already approached the first respondent against the noncompliance of his order. 4/8
7. Taking note of the fact that the petitioner has submitted his objections to the first respondent, which is taken on file in N.C.698/F/2024, this Court directs the first respondent to consider the same and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
8. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs.
17.06.2025 smn Index:Yes/No Speaking order:Yes/No 5/8
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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 17.06.2025 8/8