THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 9579 of 2025

O R D E R

Heard learned Counsel for the petitioner, learned Government Pleader for Information Technology & RTI appearing for respondent Nos.1, 3, & 4, learned Government Pleader for Revenue appearing for respondent No.2, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that though he had made an application under Right to Information Act, 2005 (for short ‘the Act’) to the 4th respondent seeking information on 16.10.2024, as the information sought for by him has not been furnished, he has availed the remedy of appeal provided under Section 19(1) of the Act with the 3^rd respondent; and that in spite of the time period prescribed under Section 19(6) of the Act having lapsed no information has been furnished. Hence, this Writ Petition.

3. Per contra, learned Government Pleader for Information Technology & RTI s appearing on behalf of the respective respondents would submit that if the petitioner is aggrieved by the non-furnishing of information or the information furnished is not sufficient, the petitioner has remedies under the Act, firstly, by filing an appeal to the 1^st Appellate Authority, and secondly, by filing second appeal to the Commissioner as prescribed under Section 19(3) of the Act.

4. Learned Government Pleader further submits that since, the petitioner claims to have availed the remedy of first appeal on 02.02.2025 and 30 days period mandated under Section 19(6) of the Act having expired, if no information is furnished to the petitioner, the petitioner can avail the further remedy of second appeal provided under Section 19(3) of the Act.

5. I have taken note of the respective submissions made.

6. Though the petitioner claims to have filed appeal under Section 19(1) of the Act, as it is not shown to this Court of the petitioner having availed the further remedy of second appeal Court is of the view that the petitioner should be relegated to avail the further remedy of second appeal to the authority as prescribed

7. Granting liberty as noted hereinabove, the Writ Petition is disposed of. No order as to costs.

8. Consequently, miscellaneous petitions, if any, pending shall stand closed.

_____________________ T. VINOD KUMAR, J

01st April, 2025 gra