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Madras High CourtWP/26336/2025disposed of

Sp. Aadithya Cholan v. The Chief Commissioner

2025-07-18Honourable Mrs.Justice N. Mala7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025 CORAM :

THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .26336 of 2025 SP.Aadithya Cholan ... Petitioner Vs.

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

2.The First Appellate Authority and Deputy Director Directorate of Vigilance and Anti-Corruption (DVAC) No.293, MKN Road, Alandur, Chennai - 600 016.

3.The Public Information Officer, Directorate of Vigilance and Anti-Corruption (DVAC) No.293, M.K.N.Road, Alandur, Chennai - 600 016.

... Respondents Page No.1 of 7

PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing 1 st respondent /State Chief Information Commissioner, Tamil Nadu, to consider and dispose of the petitioner's Second Appeal dated 19/04/2025 bearing Registration No.OL2025007025, Second Appeal No.SA/6511/SCIC/2025 within a stipulated time.

For Petitioner : Mr.Arun Kasi For Respondents : Mr.C.Vigneshwaran for R1 Standing Counsel Mr. Subbiah for R2 & R3 Government Advocate (Crl.Side)

O R D E R

Seeking directions to the 1 st respondent /State Chief Information Commissioner, Tamil Nadu, to consider and dispose of the petitioner's Second Appeal dated 19/04/2025, bearing Registration SA /6511/SCIC/2025, the present writ petition is filed.

Page No.2 of 7

2.Mr.C.Vigneshwaran, learned Standing Counsel takes notice for the 1 st respondent and Mr. Subbiah, learned Government Advocate (Crl.Side) takes notice for the respondents 2 & 3.

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

4. The Petitioner, an Advocate by profession is currently serving as the Joint Coordinator, of the Advocate Wing (Chennai Zone) of Tamilaga Vettri Kazhagam (TVK), a registered political party. Whileso, the petitioner submitted a RTI application on 19.11.2024, to the 3 rd respondent/ the Public Information Officer, of the Directorate of Vigilance and Anti-Corruption (DVAC) seeking detailed information on corruption and non-corruption cases registered against both sitting and former MPs and MLAs in Tamil Nadu, including case numbers, status (FIR, investigation, trial, closure), and names Page No.3 of 7

of the individuals involved. Invoking Section 7(9) of the RTI Act, the said application was rejected on 17.12.2024.

5. Aggrieved by the said rejection, the Petitioner filed a First Appeal on 05.01.2025. Since no action was taken, the petitioner filed Second Appeal before the State Information Commission. The petitioner states that despite the statutory time line, the appeal was kept pending without any orders being passed. According to the petitioner, this prolonged inaction defeated the very purpose of the Right to Information Act, 2005, and violated the petitioner's fundamental right under Article 19(1)(a) of the Constitution, hence he was constrained to file the above writ petition for the aforesaid relief.

6. Though many issues were raised in the writ petition, learned counsel for the petitioner submitted that it would suffice if, this Court directs the 1 st respondent, to dispose the petitioner's Second Appeal dated 19.04.2025, within a stipulated time as fixed by this Court. Page No.4 of 7

7. In view of the above facts and considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the 1 st respondent, to consider the petitioner's Second Appeal dated 19.04.2025, on merits and in accordance with law and pass orders, within a period of twelve(12) weeks from the date of receipt of a copy of this order.

8. With the aforesaid direction, this writ petition is disposed of. No costs.

18.07.2025 msv Index :

Yes/No Speaking Order :

Yes/No :

Yes/No Page No.5 of 7

To:

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

2.The First Appellate Authority and Deputy Director Directorate of Vigilance and Anti-Corruption (DVAC) No.293, MKN Road, Alandur, Chennai - 600 016.

3.The Public Information Officer, Directorate of Vigilance and Anti-Corruption (DVAC) No.293, M.K.N.Road, Alandur, Chennai - 600 016.

Page No.6 of 7

N.MALA,J.

msv 18.07.2025 Page No.7 of 7