The Competent Authority & v. Central Information Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28/11/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR a n d W.M.P.No.33358 of 2016 The Competent Authority & Administrator rep. By Shri.Ashok Kumar Srivasatava (Joint Commissioner) SAFEMA & NDPS Acts UTSAV, No.64/1 G.N.Chetty Road T. Nagar Chennai 600 017.

...

Petitioner Vs

1. Central Information Commission rep. By its Commissioner II Floor, August Kranti Bhavan Bhikaji Cama Place New Delhi.

2. Shri.P.S.Ahmed Koya Rukkiya Manzil, Kannanchery Kallay P.O., Kozhikode 673 003. ...

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records relating to the order passed by the Central Information Commission in CIC/SB/A/2016/000221/SB vide its order dated 23/7/2016 and quash the same.

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For Petitioner ...

Mr.B.Rabu Manohar For respondents ...

No appearance for R.1 R.2 expired - - - - -

O R D E R

This writ petition has been filed to quash the order, dated 23/7/2016, passed by the Central Information Commission in CIC/SB/A/2016/000221/SB.

2.

Heard Mr.B.Rabu Manohar, learned counsel for the petitioner. There is no representation on behalf of the first respondent. It is reported that second expired is dead.

3. Proceedings have been initiated against Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, against the second respondent, wherein, his passport has been seized and his properties were attached and the same was confirmed upto the Hon'ble Supreme Court. Thereafter, he sought certain information from the first respondent seeking details about the same case which has already been furnished. On the basis Page No:2/4

of which, he has filed appeals. However, the first appellate authority information Commission has once again, directed the petitioner to furnish the same. Challenging the same writ petition has been filed.

4. Now, Mr.Rabu Manohar, learned counsel appearing for the petitioner submitted that second respondent is no more. Notice sent to him was returned as "expired".

5. In such a view of the matter, question of providing information to the person who has already died, would not serve any purpose. Accordingly, the same is closed. No costs. Consequently, the connected Miscellaneous Petition is closed.

28/11/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

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N. SATHISH KUMAR, J mvs.

W.P.No.38950 of 2016 28/11/2022 Page No:4/4