Mayilsamy R v. The Tamilnadu Information Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025 CORAM :

THE HONOURABLE MR.JUSTICE S. SOUNTHAR R.Mayilsamy ... Petitioner Vs.

1.The Tamilnadu Information Commission, No.19, Government Farm Village, Pernpet, Nandanam, Chennai-600 035.

2.The First Appellate Authority Cum The Tahsildar, Madurai North Taluk, Collector Officer Campus, Madurai-625 020.

3.The Public Information Officer Cum The Headquarter Deputy Tahsildar, Madurai North Taluk, Collector Officer Campus, Madurai-625 020.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose the petitioner's second appeal No.Nil, dated 19.05.2025 filed under Section 19(3) of Right to Information Act 2005 within the time stipulated by this Court.

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For Petitioner : Mr.R.Mayilsamy (Party-in-Person) For R1 : Ms.A.Aishwarya Caroline, for Mr.Anandh C.Rajesh For R2 & R3 : Mr.A.Baskaran, Additional Government Pleader

ORDER

This Writ Petition is filed, seeking for a direction to the 1st respondent to dispose of the petitioner's second appeal dated 19.05.2025 filed under Section 19(3) of Right to Information Act 2005 (hereinafter referred to as 'the Act') within the time stipulated by this Court. 2.The petitioner herein sought for certain information from the 3rd respondent regarding the properties situated in R.S.Nos.141/1,2, 140/1,2, 137/1, T.S.Nos.4/1, 2, 5/1,2, 9/1, Block No.65, Ward No.16, Tallakulam Village, North Taluk, Madurai District. Since the information was not given to the petitioner by the 3rd respondent within the time prescribed under the Act, he has filed first appeal before the 2nd respondent on 17.02.2025. But the same was not disposed of by the 2nd respondent within the time allowed under Section 19(6) of the Act. Hence, the petitioner was constrained to file the second appeal before the 1st respondent dated 19.05.2025 and the same has not 2/5

been take into consideration. Hence, the petitioner has come before this Court with the aforesaid prayer.

3.The learned counsel appearing for the 1st respondent would submit that the second appeal preferred by the petitioner is already numbered as S.A.No.8117 of 2025 and the same will be taken up for consideration as per the seniority.

4.Admittedly, the petitioner sought for certain information from the 3rd respondent and the same was not furnished. Therefore, the petitioner has preferred first appeal before the first appellate authority under Section 19(1) of the Act. The first appellate authority violated the statutory mandate under Section 19(6) of the Act and failed to dispose of the appeal within the prescribed time. In these circumstances, the petitioner was constrained to approach the 1st respondent. Since the first appellate authority failed to follow the statutory mandate with regard to the time limit, this Court is inclined to direct the 1st respondent to consider the second appeal filed by the petitioner and dispose of the same 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 other interested parties.

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5.With the above direction, this Writ Petition stands disposed of. No costs.

28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva Copy to The Registrar, Tamilnadu Information Commission, No.19, Government Farm Village, Pernpet, Nandanam, Chennai-600 035.

To 1.The First Appellate Authority Cum The Tahsildar, Madurai North Taluk, Collector Officer Campus, Madurai-625 020.

2.The Public Information Officer Cum The Headquarter Deputy Tahsildar, Madurai North Taluk, Collector Officer Campus, Madurai-625 020.

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S. SOUNTHAR, J Yuva 28.07.2025 5/5