G.Murugan v. The State Information Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2025 CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .26162 of 2025 G.Murugan ... Petitioner Vs.
1.The State Information Commission, No.2, Thiyagaraya Salai, Near Aalai Amman Koil, Teynampet, Chennai - 600 018.
2.The Public Information Officer/ The First Appellate Authority, O/o.Dharmapuri Municipal Corporation, Dharmapuri - 636 701.
3.The Public Information Officer, O/o.Dharmapuri Municipal Corporation, Dharmapuri-636 701.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to dispose the application dated 09.05.2023 and 17.07.2023 pending before them and also direction to provide the information sought by the petitioner for the RTI Application dated 27.03.2023 which is pending before the 3rd respondent.
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For Petitioner : M/s.Anisha Rani R.
For Respondents : Mr.C.Vigneshwaran for R1 Standing Counsel Mr. V.Manoharan, for R2 & R3 Additional Government Pleader O R D E R Seeking directions to the 1st and 2nd respondents to dispose the applications dated 09.05.2023 and 17.07.2023, pending before them and for further direction to the respondents, to provide the information sought for by the petitioner in his RTI Application dated 27.03.2023, which is pending before the 3rd respondent, the present writ petition is filed. 2.Mr.C.Vigneshwaran, learned Standing Counsel takes notice for the 1 st respondent and Mr.V.Manoharan, learned Additional Government Pleader 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.
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4. The petitioner is the owner of a property measuring 374 1/4 sq.ft. in Virupakshipuram Village, Dharmapuri District, acquired through a settlement deed executed by his mother, on 12.01.2001. In 2013, the petitioner and his wife sold the property to one Mr. Kaliyappan, who later fraudulently obtained building permission and allegedly encroached upon the petitioner's adjoining land. Despite the petitioner's multiple representations to the authorities to stop the unauthorized construction, no action was taken. As a result, the petitioner filed a civil suit in O.S. No. 128 of 2016, before the Subordinate Court, Dharmapuri, seeking declaration against the District Collector and seven others. An interim application in I.A. No. 348 of 2017 in O.S.No.128 of 2019 was also filed to appoint an Advocate Commissioner for survey of the land.
5. Since the petitioners suspected irregularities in the survey process, the petitioner filed RTI application, on 27.03.2023. However, there was no Page No.3 of 6
response from the 3rd respondent. Appeals dated 09.05.2023 and 17.07.2023 filed before the 1 st and 2 nd respondents respectively also remained unanswered. Further RTI representations dated 27.02.2024 and 24.05.2024 yielded no reply from the authorities. In view of the continued inaction in disposing the petitioner's RTI applications, the petitioner filed the present writ petition seeking directions to the authorities concerned.
6. Learned counsel for the petitioner submitted that the petitioner's RTI application dated 27.03.2023, is pending before the 2nd respondent, without any orders being passed for more than 2 years. The counsel therefore submitted that a direction be issued to the 1st respondent, to dispose of the petitioner's second appeal within a stipulated time as fixed by this Court.
7. Admittedly, the petitioner's second appeal dated 17.07.2023, is pending with the first respondent, for more than 2 years. In view of the long delay, I permit the petitioner to submit a fresh copy of the second appeal filed Page No.4 of 6
before the first respondent, within a period of two(2) weeks, from the date of receipt of a copy of this order. On receipt of the said second appeal papers, the first respondent shall consider and pass appropriate orders on merits and in accordance with law, within a period of eight(8) weeks thereafter.
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 To:
1.The State Information Commission, No.2, Thiyagaraya Salai, Near Aalai Amman Koil, Teynampet, Chennai - 600 018.
2.The Public Information Officer/ The First Appellate Authority, O/o.Dharmapuri Municipal Corporation, Dharmapuri - 636 701.
3.The Public Information Officer, O/o.Dharmapuri Municipal Corporation, Dharmapuri-636 701.
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N.MALA,J.
msv 18.07.2025 Page No.6 of 6