Partly allowed¶48

The Tamilnadu Information Commission v. M.Sittarasu

Madras HC2 Sept 2025WA/410/2022

Case brief

AI extract

What is this about?

Writ Appeal W.A.No.410 of 2022; Clause 15 Letters Patent; Tamil Nadu Information Commission; M. Sittarasu; W.P.No.19535 of 2020; Right to Information Act Section 18(3); Aadhaar Act 2016 Section 29(4); certification of each page of documents; furnishing Aadhaar Card number on each page; personal details; prohibition on publishing/displaying Aadhaar number; Paragraph 4 set aside; appeal allowed in part; no costs; CMP No.3125 of 2022 closed; Regional Transport Authority; MTC depots; RTO Ayyanavaram.

What did the court decide?

Paragraph No.4 of the impugned writ order dated 16.04.2021 in W.P.No.19535 of 2020 set aside; writ appeal allowed in part; no costs; connected miscellaneous petition C.M.P.No.3125 of 2022 closed. ¶48

The Tamilnadu Information Commission Vs M.Sittarasu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Paragraph No.4 of the impugned writ order dated 16.04.2021 in W.P.No.19535 of 2020 set aside; writ appeal allowed in part; no costs; connected miscellaneous petition C.M.P.No.3125 of 2022 closed.

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Issue for consideration

Whether Paragraph No.4 of the impugned writ order — directing the Appellate Authority/Commission to certify each page of the documents, affix their signature and furnish the Aadhaar Card number on each page — is sustainable, given that Section 29(4) of the Aadhaar Act, 2016 prohibits publication/display of Aadhaar numbers.

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Court's answer

Aadhaar Card information need not be provided, since it contains personal details of the Aadhaar Card holder; therefore Paragraph No.4 of the impugned writ order dated 16.04.2021 in W.P.No.19535 of 2020 deserves to be interfered with and is set aside.

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Ratio / Principle

The court acted on Section 29(4) of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, under which no Aadhaar number collected or created under the Act in respect of an Aadhaar number holder shall be published, displayed or posted publicly except for purposes specified by regulations.

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Key takeaways

General observation: an information seeker is entitled to secure instructions/information as contemplated under the provisions of the (Right to Information) Act, and the correctness of the information cannot always be authenticated by the Public Information Officer, since such informations are provided based on the questions asked by the information seeker.obiter¶38

Detailed headnote1 paragraphs

Division Bench of the High Court of Judicature at Madras (S.M. Subramaniam and C. Saravanan, JJ.; judgment delivered by S.M. Subramaniam, J.) partly allowed W.A.No.410 of 2022, filed by the Tamil Nadu Information Commission under Clause 15 of the Letters Patent against the order dated 16.04.2021 in W.P.No.19535 of 2020. The learned Single Judge had observed that the Appellate Authority or the Commission needs to certify each page of the documents, affix their signature and furnish the Aadhaar Card number on each page, failing which authorities could be proceeded against for furnishing false information departmentally and by invoking penal provisions. Holding that Aadhaar Card information contains personal details of the Aadhaar Card holder and need not be provided — Section 29(4) of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 forbids publishing, displaying or posting publicly any Aadhaar number collected or created under the Act, except for purposes specified by regulations — the Bench set aside Paragraph No.4 of the impugned order. In passing, the court observed that an information seeker is entitled to secure information under the Right to Information Act and that the correctness of information cannot always be authenticated by the Public Information Officer, as responses are framed on the questions asked. No costs; connected C.M.P.No.3125 of 2022 closed.

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W.A.No.410 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.09.2025

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.A.No.410 of 2022

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and

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C.M.P.No.3125 of 2022

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The Tamil Nadu Information Commission, Rep. by its Registrar, Having Office Block No.19, Government Farm Village, Saidapet, Chennai – 600 015.

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… Appellant(s)

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[cause-title accepted vide court order dated 15.02.2022 made in CMP No.2035 of 2022 in W.A.SR.No.11475 of 2021] Vs.

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M.Sittarasu

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The Secretary, Regional Transport Authority, Chennai Central, Chennai – 600 023.

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The Managing Director, M.T.C Limited, Anna Salai, Chennai.

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The Branch Manager, Thiruvanmiyur Depot, Chennai.

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The Branch Manager, Ambattur Depot, Chennai.

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The Road Transport Officer, RTO Office, Ayyanavaram, Chennai ... Respondent(s)

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Page 1 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.No.410 of 2022

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Prayer:

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Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 16.04.2021 passed in W.P.No.19535 of 2020.

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For Appellant(s) : Mr.Niranjan Rajagopalan for M/s.G.R.Associates

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For R2, R3, R5 & R6 : No appearance

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For R1 & R4 : Not ready in notice

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J U D G M E N T

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(Judgment of the Court was made by S.M.SUBRAMANIAM, J. )

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The writ appeal on hand has been instituted challenging the writ

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order dated 16.04.2021 passed in W.P.No.19535 of 2020.

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The first respondent in the writ petition is the appellant herein. The

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first respondent had filed the writ petition seeking a direction against the appellant to dispose of the petitioner's complaint under Section 18(3) of the Right to Information Act and, consequently, to direct the respondents 2 to 6

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to disclose appropriate information as requested by the petitioner.

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Undoubtedly, an information seeker is entitled to secure instructions as contemplated under the provisions of the Act. The

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Page 2 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.No.410 of 2022

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correctness of the information cannot be always authenticated by the Public Information Officer, since such informations are provided based on the questions asked by the information seeker.

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In the present case, the learned Single Judge, while dealing with the writ petition, made an observation that the Appellate Authority or the Commission needs to certify each page of the documents and affix their signature along with furnishing of Aadhaar Card number in each page. In case of any falsification or erroneous statement, the authorities can be proceeded against for furnishing false information, both departmentally and also by invoking the relevant penal provisions.

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In respect of furnishing the Aadhaar Card number in each page, it is relevant that Section 29(4) of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 enumerates that “ No Aadhaar number [demographic information or photograph] collected or created under this Act in respect of an Aadhaar number holder shall be published, displayed or posted publicly, except for the purposes as may be specified by regulations. ”

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Page 3 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.No.410 of 2022

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The learned counsel for the appellant would mainly contend that

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the Commission does not provide information directly to the information seeker. The informations are to be provided by the Public Information Officer concerned. The Commission is the Appellate Authority. That being so, the directions issued would be in violative of Section 29(4) of the Aadhaar Act.

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In view of the fact that the Aadhaar Card information need not

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be provided, since it contains personal details of the Aadhaar Card holder, Paragraph No.4 of the order impugned deserves to be interfered with.

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Accordingly, Paragraph No.4 of the impugned writ order dated 16.04.2021 in W.P.No.19535 of 2020 is set aside and the writ appeal stands allowed in part. No costs. Consequently, the connected miscellaneous petition is closed.

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(S.M.S.,J.) (C.S.N.,J.) 02.09.2025

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Page 4 of 7

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https://www.mhc.tn.gov.in/judis

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W.A.No.410 of 2022

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skr Index : Yes Speaking order

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