Central Information Commission
Dr. D Dhaya Devadas vs Atomic Minerals Directorate For ... on 16 February, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/AMDER/A/2024/621785
Dr. D. DHAYA DEVADAS ... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
Atomic Minerals Directorate
for Exploration and Research,
Hyderabad ... ितवादीगण/Respondent
Relevant dates emerging from the appeal:
RTI : 27.12.2023 FA : 06.05.2024 SA : 21.05.2024
CPIO : 30.04.2024 FAO : 04.06.2024 Hearing : 22.01.2026
Date of Decision: 13.02.2026
CORAM
Chief Information Commissioner: RAJ KUMAR GOYAL
ORDER
1. The Appellant filed an RTI application dated 04.04.2024, before the CPIO, Atomic Minerals Directorate for Exploration and Research, seeking information as under:
"Ref: 1. Mr. Sathyabratta Sahoo submitted report dated 18.04.2018 to the High court in the pending Suo-Mottu PIL on 24.04.2018 based on Govt. of Tamil Nadu issued GO.Ms.No.41 Ind. Dept. dated 07.04.2017.
2. The Tamil Nadu State Government and the Atomic Mineral Division submitted reassessment report to the Hon'ble High Court on 27.11.2023.
1.1. With reference to the above, we draw your kind attention to the Additional Director General of Police/Crime, Govt. of Kerala submitted report in letter No. G1- Page 1 of 6 Second Appeal No. CIC/AMDER/A/2024/621785 3603/CR/2014 dated 11.03.2014 related to the smuggling of rich TiO2 contained Ilmenite in the run of mines from the Districts of Chavara and Alleppy of Kerala state to Tamil Nadu state by road and sea. We enclos@herewith a scanned copy of the said report dated 11.03.2014 for your ready reference.
1.2. The above said facts will prove that M/s. V.V. Minerals have unlawfully smuggled rich TiO2 content Ilmenite from Chavara and Alleppy District of Kerala to Kanniyakumari, Tirunelveli and Thoothukudi Districts of Tamil Nadu to mix the same covering the low TiO2 content Ilmenite that are available in the said 3 Districts of Tamil Nadu so as to get better rate for the Ilmenite mined from Kanniyakumari, Tirunelveli and Thoothukudi Districts of Tamil Nadu.
2. We therefore, request you to kindly furnish the following information to enable us to inform the High Court in the pending Suo-Mottu PIL in W.P.No.1592/2015, filed by our Federation member seeking SIT enquiry covering the looting of 7 Nos. Atomic Minerals including the Monazite and other 6 Nos. Atomic Minerals of Garnet, Ilmenite, Rutile, Zircon, Sillimenite and Leucoxene.
1. Details of TiO2 content in the Ilmenite that are generally available in the 3 District of Kanniyakumari, Tiurnelveli and Thqothukudi District, as per the test reports available with AMD.
2. Details of TiO2 content that are generally available in the Ilmenite in Chavara and Alleppy Districts of Kerala.
3. Details of TiO2 content that were available in the Ilmenite stored and seized in the premises of M/s. V.V. Minerals and their Associated covering the above said 3 Districts of Tamil Nadu as per the quantified and reported stocks of Ilmenite to the High Court submitted on 24.04.2018 by the Special Team constituted by the Govt. of Tamil Nadu based on the Hon'ble High Court order in the Suo-Mottu PIL."
2. The CPIO & Head, PMS Group, replied to the RTI Application vide letter dated 25.01.2024, as under:
"Point No.1- Generally, ilmenite found in beach sands in these said districts contain 49.70% to 57.80% TiO₂ Page 2 of 6 Second Appeal No. CIC/AMDER/A/2024/621785 Point no.2- TiO₂ content in ilmenite in beach sands varies from 58.40% to 65% in Chavara and 61.46% to 64.28% in Alleppey district.
Point no.3- Information sought is beyond the purview of activities of AMD."
3. The Appellant being dissatisfied with the reply received from the CPIO, in respect of point no.3 of the RTI Application, filed a First Appeal dated 16.03.2024, before the FAA & Director, AMD/DAE, Hyderabad. The FAA vide order dated 16.04.2024, upheld the reply provided by the CPIO, and observed as under:
"4. The undersigned being the First Appellate Authority has carefully gone through the information sought in the RTI application dated 27/12/2023 of Dr. D. Dhaya Devadas and the reply of PIO, AMD vide letter dated 25/01/2024 and his subsequent appeal for the said information and it is noticed that the First Appeal is not preferred within stipulated time limit of 30 days and the reasons mentioned by Appellant for delayed appeal are not satisfactory. However, the following reply is furnished for item no. 3:
Information sought is beyond the purview of activities of AMD with respect to the Tamil Nadu Government Gazette notification dated 25/03/2017, and no relevant information is available in the records of AMD."
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 21.08.2024, stating inter alia as under:
"2.1. We submit that the said CPIO has given totally incorrect reply in respect of item No.3 that the information sought is beyond the purview of activities of AMD.
2.2. We submit that the information sought by us vide our letter dated 27.12.2023 is in the purview of activities of AMD. In this connection, we extract below the Para 13 of the Counter filed by the DAE on September, 2007 in the PIL in W.P. (MD) No.5549/2007.
"Para 13: On 10.08.2004, the Department issued ten licences (five each for Ilmenite and Rutile) and two licenses (one each for Ilmenite and Rutile in favour of 5th Respondent. These licenses were issued on production of mining lease issued by the State Government Certification of the quantity of mineable mineral by the AMD, Hyderabad. The quantity Page 3 of 6 Second Appeal No. CIC/AMDER/A/2024/621785 was enhanced upon a request received from Respondent No.6 stating that State-of art technology has been installed which resulted in improved ways of extracting the minerals: The enhanced quantity of Ilmentie that can be extracted was certified by AMD.
3. We submit that we have called for the said vital information under item No.3 of our RTI application to prove that M/s. V.V. Minerals have unlawfully mined, transported the Ilmenite rich Run of Mines from the Chavara and Alappy Districts of Kerala to Tamil Nadu. This is a vital information required to prove that the unlawfully stored Ilmenite were unlawfully transported by road/sea in connivance with the concerned officials, which may please be noted.
4. Hence, the said CPIO cannot say that information sought is beyond the purview of activities of AMD."
Hearing Proceedings & Decision
5. The Appellant remained absent during the hearing despite due service of notice. On behalf of the Respondent, Dr. Himadri Basu, Scientist- 'G' & CPIO, along with Iqbal Basha, JM, attended the hearing through video conference.
6. The Commission took on record the written submissions dated 17.12.2025 of the Appellant, reiterating the facts that are already available on record, and stating as under:
"7. I submit that I have sought the said vital information under Item No. 3 of my RTI application in order to establish that M/s. V.V. Minerals have unlawfully mined and transported Ilmenite-rich run-of-mine from the Chavara and Alappuzha Districts of Kerala to the State of Tamil Nadu. This information is crucial to demonstrate that the Ilmenite unlawfully stored in Tamil Nadu was illegally transported by road and/or sea, allegedly in connivance with the concerned officials, which may please be noted.
8. In this regard, the reasons stated for denying the information, sought by me namely, that the same is beyond the purview of the activities of AMD are not acceptable. The said reply has been issued with the intention of unlawfully denying the requested Page 4 of 6 Second Appeal No. CIC/AMDER/A/2024/621785 information and appears to be an attempt to cover up the omissions and commissions on the part of the concerned authorities.
9. I therefore request you to kindly consider my written submission and pass order to direct the Central Public Information Officer (Tech. matters) & Head, PMS Group, AMD, Hyderabad to furnish the required information to me at free of cost at the earliest."
7. The Respondent reiterated the reply provided to the Appellant, and invited the attention of the Bench to the Annexure dated 15.12.2025, sent with their written submissions dated 19.01.2026, inter alia stating as under:
"A. The Govt. of Tamil Nadu vide gazette notifications dated 25.03.2017 and 07.04.2017 constituted multi-disciplinary Special Team headed by Shri Satyabrata Sahoo, IAS, Govt. of Tamil Nadu for assessment of Beach Sand Minerals (BSM) stocks at various places in Kanyakumari, Tirunelveli and Thoothukudi districts in which AMD is one of the members of Special Team. The task of AMD was limited to collection of samples and analysis of grade or Total Heavy Mineral (THM) content and the grade of individual heavy minerals in such samples.
B. AMD has analysed these samples collected from the three districts mentioned above for THM% and quantification of individual heavy minerals by petro-mineralogical studies i.e. percentage of ilmenite, rutile, zircon, leucoxene, monazite, garnet and sillimanite. The determination of TiO2 content in the ilmenite stored and seized in the premises of M/s.V V Minerals and their associated in the above three districts of Tamilnadu was beyond the purview of activities of AMD. Accordingly, the information was furnished to the RTI application.
C. Further, it is confirmed that AMD has not carried out any analysis of TiO2 content in ilmenite in respect of the samples collected under the Special Team in Tamilnadu as sought by the Appellant. Hence, it was communicated that the information sought is beyond the purview of activities of AMD."
8. The Commission after adverting to the facts and circumstances of the case and perusal of records, observes that, while the CPIO's reply to point no.3 of the RTI Page 5 of 6 Second Appeal No. CIC/AMDER/A/2024/621785 Application was not in strict terms of the provisions of the RTI Act, the FAA's order, filled the lacunae by clarifying that the relevant information is not available in the records of AMD. Further, the above stated written submissions of the CPIO, supplements the response provided by the FAA regarding the unavailability of the information.
9. The contention of the Appellant, simply is an insistence that the Respondent should be able to provide the said information, and such a vague contention, is found to be bereft of merit.
10. The CPIO is nonetheless directed to send a copy of their written submissions dated 19.01.2026, along with the Annexure dated 15.12.2025, to the Appellant (if not already sent), immediately upon the receipt of this order.
11. The Appeal is dismissed accordingly.
A copy of the decision be provided free of cost to the parties.
Sd/-
(Raj Kumar Goyal) (राज कुमार गोयल) Chief Information Commissioner (मु सूचना आयु ) िदनां क/Date: 13.02.2026 Authenticated true copy Bijendra Kumar (िबज कुमार) Dy. Registrar (उप पं जीयक) 011-26186535 Page 6 of 6 Second Appeal No. CIC/AMDER/A/2024/621785 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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