The Tamilnadu Information Commission v. M.Sittarasu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.No.3125 of 2022 The Tamil Nadu Information Commission, Rep. by its Registrar, Having Office Block No.19, Government Farm Village, Saidapet, Chennai - 600 015.

... Appellant(s) [cause-title accepted vide court order dated 15.02.2022 made in CMP No.2035 of 2022 in W.A.SR.No.11475 of 2021] Vs.

1. M.Sittarasu

2. The Secretary, Regional Transport Authority, Chennai Central, Chennai - 600 023.

3. The Managing Director, M.T.C Limited, Anna Salai, Chennai.

4. The Branch Manager, Thiruvanmiyur Depot, Chennai.

5. The Branch Manager, Ambattur Depot, Chennai.

6. The Road Transport Officer, RTO Office, Ayyanavaram, Chennai ... Respondent(s)

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 16.04.2021 passed in W.P.No.19535 of 2020. For Appellant(s) : Mr.Niranjan Rajagopalan for M/s.G.R.Associates For R2, R3, R5 & R6 : No appearance For R1 & R4 : Not ready in notice

J U D G M E N T

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The writ appeal on hand has been instituted challenging the writ order dated 16.04.2021 passed in W.P.No.19535 of 2020.

2. The first respondent in the writ petition is the appellant herein. The first respondent had filed the writ petition seeking a direction against the appellant to dispose of the petitioner's complaint under Section 18(3) of the Right to Information Act and, consequently, to direct the respondents 2 to 6 to disclose appropriate information as requested by the petitioner.

3. Undoubtedly, an information seeker is entitled to secure instructions as contemplated under the provisions of the Act. The

correctness of the information cannot be always authenticated by the Public Information Officer, since such informations are provided based on the questions asked by the information seeker.

4. In the present case, the learned Single Judge, while dealing with the writ petition, made an observation that the Appellate Authority or the Commission needs to certify each page of the documents and affix their signature along with furnishing of Aadhaar Card number in each page. In case of any falsification or erroneous statement, the authorities can be proceeded against for furnishing false information, both departmentally and also by invoking the relevant penal provisions.

5. In respect of furnishing the Aadhaar Card number in each page, it is relevant that Section 29(4) of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 enumerates that "No Aadhaar number [demographic information or photograph] collected or created under this Act in respect of an Aadhaar number holder shall be published, displayed or posted publicly, except for the purposes as may be specified by regulations."

6. The learned counsel for the appellant would mainly contend that the Commission does not provide information directly to the information seeker. The informations are to be provided by the Public Information Officer concerned. The Commission is the Appellate Authority. That being so, the directions issued would be in violative of Section 29(4) of the Aadhaar Act.

7. In view of the fact that the Aadhaar Card information need not be provided, since it contains personal details of the Aadhaar Card holder, Paragraph No.4 of the order impugned deserves to be interfered with.

8. Accordingly, Paragraph No.4 of the impugned writ order dated 16.04.2021 in W.P.No.19535 of 2020 is set aside and the writ appeal stands allowed in part. No costs. Consequently, the connected miscellaneous petition is closed.

(S.M.S.,J.) (C.S.N.,J.) 02.09.2025

skr Index : Yes Speaking order To

1. The Secretary, Regional Transport Authority, Chennai Central, Chennai - 600 023.

2. The Managing Director, M.T.C Limited, Anna Salai, Chennai.

3. The Branch Manager, Thiruvanmiyur Depot, Chennai.

4. The Branch Manager, Ambattur Depot, Chennai.

5. The Road Transport Officer, RTO Office, Ayyanavaram, Chennai.

6. The Registrar, Tamil Nadu Information Commission, Having Office Block No.19, Government Farm Village, Saidapet,

Chennai - 600 015.

S.M.SUBRAMANIAM, J.

and C.SARAVANAN, J.

skr 02.09.2025