Maniammal v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Maniammal ... Petitioner Vs.

1.The Registrar, O/o.the Tamil Nadu State Information Commission, No.2, Thiyagarayar Road, Theynampet, Chennai-600 018.

2.The Appellate Authority, O/o.District Revenue Office, Tiruchirappalli District.

3.The Public Information Officer, O/o. PA to District Collector, Tiruchirapalli District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the first respondent to dispose the second appeal dated 19.04.2025 filed by the petitioner and consequently direct the third respondent to furnish document in pursuant

to the petition dated 16.12.2024 filed under the Right to Information Act, 2005.

For Petitioner : Mr.S.Sankar For R1 : Mr.Ananth C.Rajesh Standing Counsel For R2 and R3 : Mr.A.Baskaran Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the first respondent to dispose of the second appeal dated 19.04.2025 filed by the petitioner under the Right to Information Act, 2005.

2.Heard the arguments of Mr.S.Sankar, learned counsel appearing for the petitioner, Mr.Ananth C.Rajesh, learned Standing Counsel appearing for the first respondent and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 2 and 3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3.The petitioner herein sought for certain information regarding revenue records from the third respondent. The third respondent directed the petitioner to pay necessary charges at the rate of Rs.500/- per survey number. Aggrieved by the same, the petitioner preferred an appeal before the second respondent on 11.01.2025 and also sent a reminder on 17.02.2025. Since the second respondent failed to dispose of the appeal filed by the petitioner within the time stipulated by the statute, the petitioner filed a second appeal before the first respondent on 19.04.2025. The same has not been considered. Hence, the petitioner has come before this Court.

4.The learned Standing Counsel appearing for the first respondent would submit that totally 31,290 second appeals are pending on the file of the first respondent. Therefore, the appeal filed by the petitioner will be considered in accordance with law, as per the seniority. 5.It is seen from the averments that the petitioner has been directed to pay Rs.500/- per survey number, in respect of which information was sought for under the provisions of Right to Information Act. The charges

shall be calculated based on the number of pages, not based on the survey numbers. Therefore, the petitioner filed an appeal before the first appellate authority. The appellate authority failed to dispose of the appeal within the time stipulated by the statutory mandate. In these circumstances, the petitioner was constrained to approach the first respondent by way of second appeal.

6.In view of the limited issue involved in the second appeal, this Court, without expressing any opinion on the merits of the matter, is inclined to direct the first respondent to consider the second appeal filed by the petitioner, dated 19.04.2025 and pass final orders on its own merits, within a period of sixteen weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of. No costs.

24.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To 1.The Registrar, O/o.the Tamil Nadu State Information Commission, No.2, Thiyagarayar Road, Theynampet, Chennai-600 018.

2.The Appellate Authority, O/o.District Revenue Office, Tiruchirappalli District.

3.The Public Information Officer, O/o. PA to District Collector, Tiruchirapalli District.

S.SOUNTHAR ,J cp W.P.(MD)No.20217 of 2025 Dated: 24.07.2025