Jessima Roshan v. Central Public Information Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Jessima Roshan ... Petitioner Vs.
Central Public Information Officer, & Regional Manager State Bank of India Regional Business Office, RBO-I, Chennai Metro (14751) Chennai North Zone, 231, 5th Floor, NSC, Bose Road, Chennai-600 001.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to quash the impugned letter dated 24.01.2023 issued by the respondent's Bank and direct the respondent to furnish Bank Balance letter of the deceased Ajmal Khan Abdul Rahim (Ajmal Khan Abdul Rahim-NRE ACCOUNT NO.00000032176595964) to the petitioner to enable the petitioner to file Succession Certificate before the Competent Court.
For Petitioner :
M/s.J.Feroz Khan **** 1/6
ORDER
This Writ Petition has been filed assailing the impugned order of the respondent and for a consequential direction to the respondent to furnish the information to the petitioner with regard to the balance lying in the account of the deceased Ajmal Khan Abdul Rahim so as to enable the petitioner to file succession certificate before the competent court.
2. The petitioner herein claims to be the sister of one late Ajmal Khan Abdul Rahim, who is alleged to have been deposited a huge amount in the respondent bank. After the demise of the petitioner's brother, on 23.05.2015, a letter was issued by the respondent bank informing the amount lying in the account of the deceased. The petitioner claiming to be the sole legal heir of the deceased, has sent a letter dated 20.12.2022 to the respondent under the Right to Information Act seeking information with regard to the balance lying in the account of her deceased brother. Pursuant to the said letter, the present impugned order dated 24.01.2023 has been passed rejecting the claim of the petitioner holding that the information sought for could be furnished only on submission of the legal heirship certificate in respect of the deceased. Challenging the same, this Writ Petition has been filed. 2/6
3. Learned counsel for the petitioner submits that though the petitioner has submitted the legal heirship certificate and the death certificate in respect of the deceased along with the requisition letter, the respondent has failed to consider the same. Failure on the part of the respondent to verify the particulars submitted by the petitioner cannot be put against the petitioner and it is the duty of the respondent to have verified all the relevant documents produced by petitioner before the passing the impugned order. Hence, the said order needs interference of this Court.
4. A perusal of the impugned order reveals that the petitioner's claim has been rejected on the ground that there is a bar under Section 8(1) e and 8(1) j of the Right to Information Act, 2005 for providing 3rd party information except to the legal heir of the deceased. However, the petitioner claims to be the legal heir of the deceased and has submitted the legal heirship certificate, which is disputed by the respondent. There being a dispute with regard to the legal heir certificate submitted by the petitioner, the issue cannot be entertained under Article 226 of the Constitution.. The petitioner has to approach the appropriate forum to have her grievance redressed. Hence the prayer sought for in this Writ Petition cannot be granted. 3/6
5. Accordingly, this Writ Petition stands dismissed. However, liberty is granted to the petitioner to work out her remedy in the manner known to law. There shall be no order as to costs. 13.04.2023 Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No NHS To Central Public Information Officer, & Regional Manager State Bank of India Regional Business Office, RBO-I, Chennai Metro (14751) Chennai North Zone, 231, 5th Floor, NSC, Bose Road, Chennai-600 001.
4/6
5/6
M. DHANDAPANI, J NHS 13.04.2023 6/6