R.Mayilsamy v. The Tamilnadu Information Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.22339 of 2025 R.Mayilsamy ... Petitioner Vs.

1. The Tamil Nadu Information Commission, No.19, Government Farm Village, Pernpet, Nandanum, Chennai - 60 035.

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

3. The Public Information Officer cum the Headquarters Deputy Tahsildar, Madurai North Taluk, Collector Office 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 disposed my second appeal No.Nil dated 19.05.2025 filed under Section 19(3) of Right to Information Act, 2005. 1/6

For Petitioner : Mr.R.Mayilsamy Party in Person For R1 : Mr.M.Ananth C.Rajesh For R2 & R3 : Mr.A.Baskaran Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the 1st respondent to dispose of the second appeal dated 26.06.2025 filed under Section 19(3) of the Right to Information Act, 2005.

2. Heard the learned counsel appearing for the petitioner, Mr.Ananth C.Rajesh, learned counsel who takes notice for the 1st respondent and Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 2 and 3.

3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself. 2/6

4. The petitioner herein sought for certain information from the 1st respondent by submitting an application on 07.01.2025. The information sought for by the petitioner has not been furnished by the 3rd respondent. Therefore, he filed the 1st appeal under Section 19(1) of the Right to Information Act, 2005, before the 2nd respondent on 04.03.2025. The first appeal filed by the petitioner was not disposed of within the time limit prescribed under the law. Therefore, the second appeal is before the 1st respondent on 26.06.2025 and the same has not yet been numbered. Therefore, the petitioner has come before this Court.

5. The learned counsel who takes notice for the 1st respondent would submit that due to pendency of large number of second appeals on the file of the 1st respondent, the appeal preferred by the petitioner has not been taken up for consideration.

6. A perusal of the averment found in the writ affidavit would indicate the petitioner's application for information before the 3rd respondent has not been considered by him. Therefore, the petitioner 3/6

preferred a first appeal before the 1st appellate authority. Even the first appellate authority failed to adhere the time limit prescribed under law. Therefore, the petitioner left with no other remedy except to prefer a second appeal before the 1st respondent.

7. Taking into consideration, the 1st appellate authority failed to adhere the time limit prescribed, this Court without expressing any opinion on the merits of the matter is inclined to direct the 1st respondent to number the second appeal filed by the petitioner, if it is otherwise in order and dispose it of in accordance with law, within a period of sixteen

(16) weeks from the date of receipt of a copy of this order.

8. The writ petition is disposed of with the above observations. No costs.

14.08.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Tamil Nadu Information Commission, No.19, Government Farm Village, Pernpet, Nandanum, Chennai - 60 035.

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

3. The Public Information Officer cum the Headquarters Deputy Tahsildar, Madurai North Taluk, Collector Office Campus, Madurai - 625 020.

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S.SOUNTHAR , J.

rgm W.P.(MD).No.22339 of 2025 14.08.2025 6/6