Gandhimathinathan S.M.A v. The State Information Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.19810 of 2025 S.M.A.Gandhimathinathan ... Petitioner Vs.

1. The State Information Commissioner, Tamil Nadu Information Commission, No.2, Thiagaraya Salai, Near Aalai Amman Kovil, Teynampet, Chennai - 600 018.

2. The Appellate Authority / The Director, Department of Geology and Mining, SIDCO Industrial Estate, Guindy, Chennai-32.

3. The Public Information Officer/Deputy Director, Geology and Mining Department, Collectorate Campus, Thoothukudi, Thoothukudi District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent No.1 to issue appropriate orders against the Respondent No.3 under Section 20 of the Right to Information Act, 2005 as per the order in S.A.No.2995/D/2022 dated 13.07.2022 passed by the Respondent No.1 by considering the representation dated 23.01.2025 sent by the petitioner. For Petitioners : Mr.I.Pinaygash For R1 : Mr.Ananth C.Rajesh Standing Counsel For R2 and R3 : Mr.A.Baskaran Additional Government Pleader

ORDER

The writ petition is filed seeking a direction to the 1st respondent to issue appropriate orders against the 3rd respondent under Section 20 of the Right to Information Act, 2005 for his failure to issue a direction to the 1st respondent in its order dated 13.07.2022 in S.A.No.2995/D/2022 by considering the petitioner's representation dated 23.01.2025. 2/6

2. Heard the learned counsel appearing for the petitioner, Mr.Ananth C.Rajesh, learned Standing Counsel who takes notice for R1 and Mr.A.Baskaran, learned Additional Government Pleader who takes notice for R2 and R3.

3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.

4. When the writ petition is taken up for hearing, the learned Standing Counsel appearing for the 1st respondent based on the written instructions from the 1st respondent would submit that the complaint submitted by the petitioner dated 23.01.2025 was registered as Complaint Petition No.438D/2025 and the same will be listed for hearing as per seniority.

5. The learned counsel also submits that the 1st respondent, information commission has not been properly represented in the cause title of the writ petition.

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6. In view of the submission made by the learned Standing Counsel appearing for the 1st respondent, this Court is inclined to direct the 1st respondent Commission to dispose of the Complaint Petition No. 438D/2025, within a period of sixteen (16) weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner and the respondent therein. Under Section 4 of RTI Act, the Registrar is competent person to represent State Information Commission, Hence, the registry is directed to mark the copy of this order to the Registrar, Tamil Nadu Information Commission for compliance.

7. With these directions, the writ petition stands disposed of. No costs.

22.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The State Information Commissioner, Tamil Nadu Information Commission, No.2, Thiagaraya Salai, Near Aalai Amman Kovil, Teynampet, Chennai - 600 018.

2. The Registrar, Tamil Nadu Information Commission, No.2, Thiagaraya Salai, Near Aalai Amman Kovil, Teynampet, Chennai - 600 018.

3. The Appellate Authority / The Director, Department of Geology and Mining, SIDCO Industrial Estate, Guindy, Chennai-32.

4. The Public Information Officer/Deputy Director, Geology and Mining Department, Collectorate Campus, Thoothukudi, Thoothukudi District.

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S.SOUNTHAR , J.

rgm W.P.(MD).No.19810 of 2025 22.07.2025 6/6