Sekar R v. The Tamilnadu State Information Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI R.Sekar ... Petitioner Vs.

1.The Tamil Nadu State Information Commission, Block No.19, Government Farm House, Nandhanam, Chennai - 35.

2.The Public Information Officer / Assistant Director of Town Panchayat, Theni Division, Collectorate, Theni.

3.The Public Information Officer / Executive Officer, Thenkarai Town Panchayat, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to furnish the details sought for by the petitioner under Right to Information Act, by his letter dated 11.09.2024.

For Petitioner :

Mr.P.Muthuvijayapandian For R-1 :

Mr.Raguvaran Gopalan Standing Counsel 1/4

For R-2 :

Mrs.K.Malathi Additional Government Pleader For R-3 :

Mr.D.Gandhirajan Special Government Pleader

O R D E R

Heard the learned counsel for the parties.

2. The grievance of the petitioner is that the petitioner has sought for vital information with regard to misuse of huge funds to a tune of Rs.52 Lakhs by a Contractor, who was assigned the task of laying cement road and a bridge. According to the petitioner, the authorities are shielding the erring contractor and refusing to disclose the information which the petitioner is entitled to under provisions of Right to Information Act. The grievance of the petitioner is that the 1st respondent has summarily rejected the petitioner's request and directed the second appeal to be preferred.

3. However the learned Standing Counsel for the 1st respondent states that the 1st respondent is willing to entertain the second appeal, if the second appeal is filed in the proper format available in the website. 2/4

4. In the light of the statement of the learned Standing Counsel for the 1st respondent, this writ petition is disposed of, directing the petitioner to prefer a second appeal in accordance with the format prescribed in the website of the 1st respondent and any such appeal being preferred within a period of thirty (30) days from today i.e., 29.04.2025, the second appeal shall be taken up on merits without putting delay against the writ petitioner. The 1st respondent shall proceed to dispose of the petitioner's second appeal on merits and in accordance with law, within the time frame stipulated in the Right to Information Act.

5. With the above terms, this Writ Petition stands disposed of. No costs. 29.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The Tamil Nadu State Information Commission, Block No.19, Government Farm House, Nandhanam, Chennai - 35.

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P.B.BALAJI , J.

gbg 2.The Public Information Officer / Assistant Director of Town Panchayat, Theni Division, Collectorate, Theni.

3.The Public Information Officer / Executive Officer, Thenkarai Town Panchayat, Theni District.

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