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Madras High CourtWP/11397/2023dismissed

B.Balaji v. Chief Executive Officer

2023-04-13Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH B.Balaji ... Petitioner -VsChief Executive Officer Tamil Nadu Wakf Board Valla Seethakathi Nagar Chennai 600 001.

.. Respondent Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to furnish details on the basis of petitioner representation dated 15.03.2023, within the time stipulated as fixed by this Court. For Petitioner Mrs.R.Divya For Respondent Mr.S.Hajamohideen Gisthi Standing Counsel

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondent to furnish the details based on the representation made by the petitioner on 15.03.2023.

2.Heard Mrs.R.Divya, learned counsel for the petitioner and Mr.S.Hajamohideen Gisthi, learned Standing Counsel for the respondent.

3.The case of the petitioner is that the subject property stands in his name and the patta also stands in his name and some third parties are attempting to encroach on the property. On enquiry, the petitioner came to know that the property has been entrusted to Wakf. Hence, the petitioner made a representation to the respondent, seeking for the details. Since the details were not furnished, the present writ petition has been filed before this Court.

4.In the considered view of this Court, a writ petition cannot be filed for the purpose of procuring an information from the respondent. If at all the petitioner requires any information, the petitioner has to act in accordance with the Right to Information Act, 2005 and a writ petition is not a substitute for the remedy that is available under the Right to Information Act, 2005. This Court does not find any merits in the writ petition. 5.Accordingly, this writ petition stands dismissed. No costs. 13.04.2023 KP Internet : Yes/No Index : Yes/No Speaking Order:Yes/No

To Chief Executive Officer Tamil Nadu Wakf Board Valla Seethakathi Nagar Chennai 600 001.

N.ANAND VENKATESH, J.

KP 13.04.2023