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Madras High CourtWP(MD)/4785/2023disposed of

Saravanan.R v. The 1st Appellate Officer/ The Registrar (Incharge)

2025-12-01Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and W.M.P.(MD)No.18782 of 2023 R.Saravanan ... Petitioner -vs1.The 1st Appellate Officer / The Registrar (Incharge), Tamil Nadu State Information Commission, Chennai.

2.The Public Information Officer / Chief Educational Officer, Chief Education Office, Thanjavur.

3.The Public Information Officer / District Educational Officer, District Educational Office, Kumbakonam, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose the petitioner's appeal dated 09.09.2022, pending on the file of the first respondent within time frame as may be fixed by this Court.

For Petitioner : Mr.M.Sivakumar For R1 : No Appearance For R2 and R3 : Mr.P.T.Thiraviam Government Advocate

ORDER

This Writ Petition has been filed seeking to direct the first respondent to dispose the petitioner's appeal dated 09.09.2022, within time frame as may be fixed by this Court.

2. The learned counsel for the petitioner submits that the petitioner had sought information from the third respondent under Section 6 of the Right to Information Act, 2005, by application dated 23.06.2022. Though the application was received on 24.06.2022, no information was furnished within the statutory period. The petitioner thereafter preferred an appeal to the second respondent on 08.08.2022, pursuant to which the second respondent directed the third respondent to furnish the information without delay. The third respondent, in turn, issued directions to the concerned Head Masters to provide the information directly to the petitioner. However, despite these directions, no information was furnished.

3. It is further submitted that the petitioner then filed second appeal before the first respondent on 09.09.2022, which was not taken on file till 29.11.2022, despite repeated reminders. Though the second appeal was finally numbered as S.A.No.16150/D/2022, the first respondent has failed to dispose of the same within the statutory time frame of 30 days as mandated under the RTI Act. Even after a further representation dated 23.01.2023, no action has been taken. Hence, being aggrieved by the inaction of the first respondent, the petitioner has approached this Court seeking appropriate directions.

4. Considering the facts and circumstances of the case and also considering above said submissions made by the learned counsel for the petitioner, there shall be a direction to the first respondent to consider the petitioner's appeal dated 09.09.2022, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

5. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 01.12.2025 Index : Yes / No smn2 To:- 1.The 1st Appellate Officer / The Registrar (Incharge), Tamil Nadu State Information Commission, Chennai.

2.The Public Information Officer / Chief Educational Officer, Chief Education Office, Thanjavur.

3.The Public Information Officer / District Educational Officer, District Educational Office, Kumbakonam, Thanjavur District.

KRISHNAN RAMASAMY , J.

smn2 01.12.2025