Muthammal Vs the Central Information — Writ and Judicial Review | Madras HC (2025)

Muthammal Vs the Central Information — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the first respondent (Central Information Commissioner) to dispose of the petitioner's second appeal on merits and in accordance with law within eight weeks from the date of receipt of a copy of the order; writ petition disposed of with the above direction, no costs.

Issue for consideration

Whether this Court should direct the first respondent (Central Information Commissioner) to expeditiously dispose of the petitioner's second appeal under Section 19(3) of the RTI Act dated 29.06.2024, which had been kept pending before him.

Court's answer

The Court directed the first respondent to dispose of the petitioner's second appeal on merits and in accordance with law within eight weeks from the date of receipt of a copy of the order. (Operative paragraph cites the appeal as dated 29.06.2025, whereas the prayer and the factual narrative place the second appeal on 29.06.2024.)

Detailed headnote1 paragraphs

High Court of Judicature at Madras (N. Mala, J.), W.P.No.25361 of 2025, decided 11.07.2025: Muthammal, a 74-year-old senior citizen deserted by her husband P.Murugesan (Keyman, Dharmapuri, South Western Railway, Bangalore Division; retired 30.11.2012), who had earlier pursued maintenance through OS.No.197 of 1992 (Sub Court, Sankagiri) and sought pension attachment through REP.No.9 of 2015 (Family Court, Salem), applied under Section 6 of the RTI Act on 29.03.2024 to the PIO (3rd respondent); upon the reply of 18.04.2024 she filed a first appeal on 09.05.2024 under Section 19(1) of the RTI Act before the Additional Divisional Railway Manager/Appellate Authority (2nd respondent), and thereafter a second appeal on 29.06.2024 under Section 19(3) of the RTI Act before the Central Information Commissioner (1st respondent), which remained pending. Taking up the writ petition for final disposal with the consent of both sides, the Court directed the first respondent to adjudicate the second appeal on merits and in accordance with law within eight weeks of receipt of a copy of the order, and disposed of the petition without costs. Note: the operative paragraph (¶27) prints the second appeal date as 29.06.2025, an apparent slip for 29.06.2024 as stated in the prayer and narrative. No precedent cases were cited; no dissenting opinion.

W.P.No.25361 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM:

THE HONOURABLE MRs. JUSTICE N.MALA

W.P.No.25361 of 2025

Muthammal

.. petitioner

vs

The Central Information Commissioner Baba Ganga Nath Marg Munikra, New Delhi – 110067. 2.Additional Divisional Railway Manager, (Appellate Authority) South Western Railway Bangalore Division Bangalore – 560 023.

3.Assistant Personal Officer/ Public Information Officer South Western Railway Bangalore Division Bangalore – 560 023. 4.The Senior Divisional Finance Manager South Western Railway Bangalore Division Bangalore – 560 023. … Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the first respondent to dispose

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W.P.No.25361 of 2025

of the petitioner's second appeal filed under Section 19(3) of the RTI Act dated 29.06.2024 expeditiously.

For Petitioner : Mr.CKM.Appaji For Respondents : Dr.S.Padma, SPC for R2 to R4.

O R D E R

This writ petition has been filed to direct the first respondent to dispose of the petitioner's second appeal filed under Section 19(3) of the RTI Act dated 29.06.2024 expeditiously.

2. The petitioner is the Senior Citizen aged about 74 years. The petitioner's husband Mr.P.Murugesan, served as Keyman, Dharmapuri, south Western Railway, Bangalore Division and retired from service on 30.11.2012. The petitioner was deserted by her husband long back and out of the wedlock one son/Selvaraj and one handicapped daughter/Vijaya were born to them. The petitioner filed OS.No.197 of 1992 on the file of the Sub Court, Sankagiri, seeking for maintenance of Rs.500/- and annual maintenance Rs.1500/-. Thereafter, she filed REP.No.9 of 2015 on the file of the Family Court, Salem, to attach the pension of the petitioner's husband and to direct the 4 th respondent, herein to recover the maintenance amount from the monthly pension.

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W.P.No.25361 of 2025

3. On 29.03.2024, the petitioner preferred RTI application under

section 6 of the RTI Act before the 3 rd respondent to furnish certain particulars. In turn, the 3 rd respondent on 18.04.2024 issued reply to the petitioner. As against the said reply dated 18.04.2024, the petitioner preferred first appeal before the 2 nd respondent on 09.05.2024, under Section 19(1) of RTI Act. Subsequently, on 29.06.2024, the petitioner filed second appeal before the first respondent under Section 19(3) of the RTI Act. Till date, the second appeal is kept pending. Hence, the petitioner filed the present writ petition.

4. Heard the learned counsel for the petitioner and the learned Standing Panel Counsel for respondents 2 to 4. With consent of both parties, this writ petition is taken up for final disposal.

In view of the above facts and circumstances and in view of the fact that the second appeal is pending before the first respondent from 29.06.2024. I am inclined to direct the first respondent to dispose of the petitioner's second appeal dated 29.06.2025, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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W.P.No.25361 of 2025

With the above direction, this writ petition is disposed of. No costs.

11.07.2025

Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No tsh To 1. The Central Information Commissioner Baba Ganga Nath Marg Munikra, New Delhi – 110067. 2.Additional Divisional Railway Manager, (Appellate Authority) South Western Railway Bangalore Division Bangalore – 560 023. 3.Assistant Personal Officer/ Public Information Officer South Western Railway Bangalore Division Bangalore – 560 023. 4.The Senior Divisional Finance Manager South Western Railway Bangalore Division Bangalore – 560 023.

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W.P.No.25361 of 2025

N. MALA, J.

tsh

W.P.No.25361 of 2025

11.07.2025

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