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Madras High CourtWP(MD)/8068/2023disposed of

Samiyappan v. The Chief Information Commissioner

2025-12-03Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.8068 of 2023 Samiyappan ... Petitioner Vs

1. The Chief Information Commissioner, Sum Second Appellate Authority, 26FJ+FMG, Commercial Taxes Department Road, Fanepet, Nandanam, Chennai-600035.

2. The First Appellate Authority, The Regional Joint Director, Animal Husbandry Department, Thanjavur, Old Collector Office Campus, Thanjavur-613001, Thanjavur District.

3. The Public Information Officer, Animal Husbandry Department, Thanjavur, Old Collector Office Campus, Thanjavur-613001, Thanjavur District.

4. The Public Information Officer, the Personal Assistant (General) to Collector, District Collector Office, Thanjavur, Thanjavur District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent No.1 to dispose the petitioner's Second Appeal filed before R.T.I dated 30.01.2023 and to take appropriate action against the respondent Nos.2 to 3 for providing information to the petitioner based on the application dated 17.10.2022 given under the Right to Information Act, within a stipulated time that may be fixed by this Court. For Petitioner : Mr.G.Perumal, for Mr.Henri Tiphagne For R-1 : No appearance For R-2 to R-4 : Mr.K.Balasubramani, Special Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to dispose of the petitioner's Second Appeal dated 30.01.2023, filed before the authority under the Right to Information Act, and to take appropriate action against respondent Nos.2 and 3 for providing the information sought by the petitioner based on the application dated 17.10.2022 submitted under the Right to Information Act, within a stipulated time to be fixed by this Court. 2/6

2. The petitioner is working as the Honorary Secretary of the Society for the Prevention of Cruelty to Animals (SPCA). On 17.10.2022, the petitioner submitted an application under Section 6 of the Right to Information Act before the fourth respondent seeking copies of the Minutes Book of SPCA, Thanjavur before the fourth respondent. The fourth respondent forwarded the said application to the third respondent. Thereafter, the petitioner received a communication from the third respondent stating that the information would be furnished only after the disposal of a writ petition pending before this Court. 2.(i). Subsequently, the petitioner filed a First Appeal before the office of the second respondent. However, contrary to the earlier response, the second respondent issued a different reply. Thereafter, the petitioner filed a Second Appeal on 30.01.2023 before the first respondent. However, the first respondent has failed to dispose of the said second appeal till date. Hence, the present writ petition has been filed.

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3. The learned Special Government Pleader appearing for the State would submit that the Second Appeal filed by the petitioner dated 30.01.2023 would be considered in accordance with law.

4. Considering the limited request made by the petitioner, there shall be a direction to the first respondent to dispose of the Second Appeal dated 30.01.2023 on its own merits and pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case, and it is open to the first respondent to consider the same independently.

5. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

03.12.2025 Index : Yes/No Internet: Yes/No TSG 4/6

To

1. The First Appellate Authority, The Regional Joint Director, Animal Husbandry Department, Thanjavur, Old Collector Office Campus, Thanjavur-613001, Thanjavur District.

2. The Public Information Officer, Animal Husbandry Department, Thanjavur, Old Collector Office Campus, Thanjavur-613001, Thanjavur District.

3. The Public Information Officer, the Personal Assistant (General) to Collector, District Collector Office, Thanjavur, Thanjavur District.

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KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.8068 of 2023 03.12.2025 6/6