THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.12094 of 2025

ORDER

Heard learned counsel for the petitioner, learned Government Pleader for General Administration Department appearing for respondent No.1, learned Government Pleader for Right to Information (RTI) and Information and Technology (IT) appearing for respondent Nos.2, 4 and 5, and learned Government Pleader for Revenue appearing for respondent No.3 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. The petitioner contends that though he has made an application under Section 6 of the Right to Information Act, 2005 (for short, ‘the Act’), dt.25.06.2024 seeking certain information in relation to mutation of land which is subject matter of a civil suit; that the said information sought for by the petitioner has not been provided to the petitioner; and that aggrieved by such inaction on the part of the 5^th respondent, the petitioner has filed an appeal before the 4^th respondent under Section

19(1) of the Act on 09.09.2024.

3. Petitioner further contends that in spite of the petitioner availing the remedy under Section 19(1) of the Act, though the authorities are mandated to provide such information within 30 days in terms of Section

19(6) of the Act, the said information has not been furnished to the petitioner.

4. Petitioner further contends that since both authorities under Sections 6 and 19(1) of the Act did not provide information within the time mandated under the Act, the petitioner filed further appeal, in terms of Section 19(3) of the Act, vide Case No.804 of 2025 dt.29.01.2025, and due to the vacancy in the office of the 2^nd respondent - Chief Information Commissioner, the said appeal also remains unconsidered till date.

5. Thus, the petitioner seeks a direction to the 2^nd respondent to decide the appeal, vide Case No.804 of 2025 dt.29.01.2025, in terms of Section 19(3) of the Act, filed by the petitioner, in a time bound manner.

6. Learned Government Pleader appearing on behalf of the 2^nd respondent submits that the State has already taken steps for appointing the Chief Information Commissioner and since, that the process for appointment has already been initiated and on the vacancy in the said office being filled up, the appeal of the petitioner would be disposed of.

7. I have taken note of the respective contentions urged.

8. Having regard to the submissions made as above, and taking note of the submission made by the learned Government Pleader for IT and RTI that steps have been initiated to fill up vacancy in the office of the 2^nd respondent, this Court is of the view that on the aforesaid vacancy being filled up, the said authority is to be directed to dispose of the appeal stated to have been filed by the petitioner in terms of Section 19(3) of the Act, vide Case No.804 of 2025 dt.29.01.2025, within a period of eight weeks therefrom.

9. Subject to above direction, the Writ Petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ T. VINOD KUMAR, J Date:23.04.2025

GJ