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Madras High CourtWP(MD)/16529/2023closed

Dhanabalan v. The District Collector

2025-12-04Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.16529 of 2023 Dhanabalan ... Petitioner versus

1. The District Collector, Sivagangai District, Sivagangai.

2. The Chief Information Commissioner (Second Appellate Authority), Tamil Nadu State Information Commission, Chennai.

3. The District Revenue Officer,

4. The Tahsildar (First Appellate Authority),

5. The Public Information Officer (Current), 1/6

6. Parimala The Public Information Officer (Previous),

7. Marudhupandian The Public Information Officer (Previous), ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to comply with the order dated 13.07.2022 in Case No.NC 1905/Enquiry/E/2021 & SA5103/E/2020 by the 2nd respondent and take suitable departmental action against the 6th and 7th respondents as per law.

For Petitioner : Mr.S.Anandha Rajagopal For R1, R3 to R5 : Mr.C.Venkatesh Kumar, Special Government Pleader For R2 : Mr.Ananth C.Rajesh

ORDER

The petitioner has submitted a petition to the 6th respondent, seeking certain information under the Right to Information Act. Since 2/6

the information sought for by the petitioner has not been provided, he has filed an appeal before the 4th respondent and also filed a second appeal before the second respondent. The 6th respondent has submitted all the required documents to the petitioner. Considering the manner in which the petitioner has been dragged by the officials, the second respondent has passed an order for enquiry and issued a show cause notice as against the 6th respondent as to why a departmental action shall not be initiated against her. Now, the petitioner, with a grievance that the departmental action has not been contemplated by the Information Commissioner for the information provided belatedly, has filed this writ petition.

2. The learned Special Government Pleader submits that an explanation has been offered by the P.A. to the District Collector, Sivagangai, to the Information Commissioner, vide, a letter in Na.Ka.No.A7/3641/2021 dated 06.09.2022 and therefore, further proceedings have been dropped by the Information Commissioner and as such, this writ petition is not maintainable. He further submits that the petitioner is having a remedy under Sections 20(i) and (ii) of the Right to Information Act, by filing an application under Section 18(i) of the Right 3/6

to Information Act before the Information Commissioner itself.

3. Since the petitioner is having a remedy under Sections 20(i) and (ii) of the Right to Information Act, by filing an application under Section 18(i) of the Right to Information Act before the Information Commissioner itself, this writ petition is closed with liberty to the petitioner to file an application under Section 18(i) of the Right to Information Act. No costs.

04.12.2025 ogy Index : Yes / No.

Internet: Yes / No.

NCC : Yes / No.

To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Chief Information Commissioner (Second Appellate Authority), Tamil Nadu State Information Commission, Chennai.

4/6

3. The District Revenue Officer,

4. The Tahsildar (First Appellate Authority),

5. The Public Information Officer (Current), 5/6

B.PUGALENDHI, J.

ogy WP(MD) No.16529 of 2023 04.12.2025 6/6