Gnanavel v. The State Information Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA Gnanavel Petitioner(s) Vs

1. The State Information Commissioner, Tamilnadu State Information Commission, Block No.19, Government Farm Village, Saidapet, Chennai-600 015.

2.The Public Information Officer, The District Collector, The District Collector Office, Tiruvallur.

3.The Public Information Officer, Deputy Tahsildar, Tahsildar Office, Ponneri Taluk, Thiruvallur District.

Respondent(s) Writ petition is filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, directing the 3 rd respondent to comply with the order of the 1 st Respondent in Case No.S.A. 4035/E/2019 dated 20.03.2020. 1/6

For Petitioner(s):

Mr.I.Arokiasamy For Respondent(s):

Mr.C.Vigneshwaran, St.C.

for R1 Mrs.P.Vijayadevi, GA for R2 and R3

ORDER

Mr.C.Vigneshwaran, learned Standing Counsel takes notice for the 1 st respondent. Mrs.P.Vijayadevi, learned Government Advocate takes notice for the respondents 2 and 3. With the consent of both the learned counsels, the writ petition is takenup for final disposal at the admission stage itself.

2. The above writ petition is filed for issuance of a writ of mandamus, directing the 3 rd respondent to comply with the order of the 1 st respondent in case No.S.A. 4035/E/2019 dated 20.03.2020.

3. The petitioner lodged a complaint to the Tahsildar with regard to the inclusion of one Mrs.Lalitha Selvadurai, in the joint Patta No.617, with reference to the lands in S.No.9/2 and 9/8 in Vichur, Ponneri Taluk, Thiruvallur District. Pursuant to the petitioner's objection, Tahsildar conducted an enquiry on 25.09.2015, and thereafter there was no reply or enquiry report from the 2/6

Tahsildar's office. The petitioner therefore submitted a petition to the 3 rd respondent on 30.11.2016, seeking information on the enquiry conducted by the Tahsildar, Ponnery District, under Section 6(1) of the Right to Information Act, 2005. The 3 rd respondent conducted an enquiry on 25.09.2015, however, no reply was given by the 3 rd respondent. The petitioner hence preferred an Appeal under Section 19(1) of the RTI Act, 2005 to the Public Information Officer, Collector Office, on 16.11.2018. Since, no action was taken on the petitioner's appeal, he preferred Second Appeal, under Section 19(3) of the RTI Act, 2005, to the 1 st respondent on 02.05.2019. The 1 st respondent on 20.03.2020, passed orders in the petitioner's Second Appeal. Pursuant to the 1 st respondent's said order, the petitioner submitted multiple representations including the representation dated 05.04.2025, however, the 3 rd respondent failed to comply with the direction of the 1 st respondent. The petitioner therefore filed the above writ petition for the aforesaid relief.

4. Heard both sides and perused the materials placed on record.

5. Under the facts and circumstances of the case and in the light of the order passed by the 1 st respondent on 20.03.2020, this Court is of the view that it 3/6

would suffice, to direct the 3 rd respondent to consider the petitioner's representation dated 05.04.2025, on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. Writ petition is accordingly disposed of. However, there shall be no order as to costs.

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To 1.The State Information Commission, Tamilnadu State Information Commission, Block No.19, Government Farm Village, Saidapet, Chennai-600 015.

2.The Public Information Officer, The District Collector, The District Collector Office, Tiruvallur.

3.The Public Information Officer, Deputy Tahsildar, Tahsildar Office, Ponneri Taluk, Thiruvallur District.

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N.MALA J.

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