Y.Akbar Ahmed v. The Public Information
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.6155/2017 Y.Akbar Ahmed ..
Petitioner Vs
1. The Public Information Officer / Assistant Secretary II, Tamilnadu Walf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2. The Appellate Authority / Chief Executive Officer, Tamilnadu Walf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
3.The Tamil Nadu Information Commission No.2, Theagaraya Salai, Near Aalai Amman Koil, Teynampet, Chennai - 600 018.
..
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 3rd respondent herein to consider the petitioner's representation dated 02.01.2017 and pass orders within stipulated time fixed by this Court and may pass orders herein to the 3rd respondent to take strict action against the 1st and 2nd respondent for deliberately not providing the information.
For Petitioner :
Mr.Y.Akbar Ahmed Party-in-person For RR 1 & 2 :
Mr.V.Lakshminarayanan For R3 :
Mr.Niranjan Rajagopalan for M/s.G.R.Associates
ORDER
By consent, the writ petition is taken up for final disposal. Mr.V.Lakshminarayanan, learned Standing Counsel accepts notice on behalf of the respondents 1 and 2 and Mr.Niranjan Rajagopalan, learned Standing counsel accepts notice on behalf of the 3rd respondent. The grievance expressed by the petitioner / party-inperson is that he sought information in the form of four questions to the 1st respondent and a misleading information was provided by them vide reply dated 07.11.2016 and aggrieved by the same, the petitioner approached the 2nd respondent in the form of Appeal Memorandum dated 10.11.2016 and however, the 2nd respondent did not pass any orders and therefore, he approached the 3rd respondent in the form of Second Appeal by invoking section 19 of the Right to Information Act, 2005, and despite receipt and acknowledgment, so far no orders have been passed and therefore, the petitioner / party-in-person came forward to file the present writ petition.
Heard the submissions of the petitioner / party-inperson and Mr.V.Lakshminarayanan, learned Standing counsel appearing
for the respondents 1 and 2 and Mr.Niranjan Rajagopalan, learned Standing Counsel appearing for the 3rd respondent. Though the petitioner / party-in-person has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by him either in this writ petition or in the Appeal, directs the 3rd respondent to entertain the appeal, if the papers are otherwise in order and after putting the Tamil Nadu Wakf Board, Chennai-1, on notice, shall pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the Tamil Nadu Wakf Board, Chennai-1.
The writ petition stands disposed of with the above direction. No costs.
14.03.2017 Speaking Order Index :
No Internet :
Yes AP
M.SATHYANARAYANAN, J., AP To 1.Tamilnadu Walf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
2. The Appellate Authority / Chief Executive Officer, Tamilnadu Walf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
3.The Tamil Nadu Information Commission No.2, Theagaraya Salai, Near Aalai Amman Koil, Teynampet, Chennai - 600 018.
W.P.No.6155/2017 14.03.2017 http://www.judis.nic.in