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Madras High CourtWP/22237/2025disposed of

G.Anbuchezhiyan v. The State Information Commissioner

2025-06-23Honourable Mrs.Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2025

CORAM

THE HONOURABLE MRS JUSTICE N. MALA G.Anbuchezhiyan

...Petitioner

Vs.

1.The State Information Commissioner, The Tamil Nadu State Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai - 600 035.

2.The Public Information Appellate Authority, Zonal Officer, Zone-13, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai - 600 020.

3.The Public Information Officer, Executive Engineer Zone 13, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai - 600 020.

..Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India for issuance of writ of Mandamus, directing the 1st respondent to consider and 1/5

dispose of the petitioner's second appeal dated 24.01.2025 under Section 19(3) of the Right to Information Act 2005.

For Petitioner : Mr.S.Joseph Raj For Respondents : Mr.C.Vigneshwaran for R1 Standing Counsel Mrs.P.T.Ramadevi for R2 and R3 Standing Counsel

ORDER

This petition has been filed to direct the 1st respondent to consider and dispose of the petitioner's second appeal dated 24.01.2025 under Section 19(3) of the Right to Information Act 2005.

2. Mr.C.Vigneshwaran, learned Standing Counsel takes notice for R1, Mrs.P.T.Ramadevi, learned Standing Counsel takes notices for R2 and R3.

3. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The petitioner sought for information under the RTI Act before the 3rd respondent on 05.03.2024, but he did not provide the Information as per the Act. Hence, the petitioner preferred a first appeal before the 2nd respondent, but he too did not provide the information. Thereafter, the petitioner filed a second appeal before the 1st respondent, for providing the 2/5

information sought for and for taking necessary action against the 2nd and 3rd respondents. However, no action was taken by the first respondent. Aggrieved by the inaction of respondents, the petitioner filed the above writ petition.

5. Learned standing counsel appearing for the first respondent submitted that the petitioner's appeal was received and numbered as S.A.No.2036 of 2025. The counsel therefore submitted that the second appeal will be disposed of, within the time limit stipulated by this Court.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Considering the fact that the petitioner filed the second appeal as early as on 24.01.2024, and no action is taken by the authorities, even after a lapse of five(5) months, I direct the 1st respondent, to consider the petitioner's second appeal and pass orders on merits and in accordance with law, within a period of twelve(12) weeks from the date of receipt of a copy of this order.

8. Accordingly, this writ petition is disposed of. No costs. 23.06.2025 Index :Yes/No Internet :Yes/No msv 3/5

To 1.The State Information Commissioner, The Tamil Nadu State Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai - 600 035.

2.The Public Information Appellate Authority, Zonal Officer, Zone-13, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai - 600 020.

3.The Public Information Officer, Executive Engineer Zone 13, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai - 600 020.

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N. MALA, J.

msv 23.06.2025 5/5