Madras High CourtWP/16763/2023disposed of

S.Fayas Ahamed v. The Chief Information Commissioner

2023-06-07Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Fayas Ahamed . . . Petitioner Vs.

1. The Chief Information Officer, Tamilnadu State Chief Information Commission No.19, Government Farm village fenepet, Nandhanam, Chennai-600 035.

2. The First Appellate official, Tamil Nadu Waqf board, No.1, Jabar Serang Street, Vallai Sitakadi Nagar, Chennai-600 001.

3. The Public Information Officer, Tamil Nadu Waqf board, No.1, Jabar serang street, Vallai Sitakadi Nagar, Chennai-600 001. . . . Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or Direction or order in the nature of a Writ to direct the 1st respondent to take departmental action against the 3rd

respondent and subsequently direct the 3rd respondent herein to furnish the information pursuant to the RTI petition dated 25.04.2022. For petitioner : M/s.R.Sunil Kumar For Respondents : Mr. C.Vigneswaran for R1

ORDER

This Writ Petition has been filed for a direction to the 1st respondent to take departmental action against the 3rd respondent and also to direct the 3rd respondent to furnish the information pursuant to the RTI petition dated 25.04.2022 made by the petitioner.

2. Mr. C.Vigneswaran, learned counsel takes notice on behalf of the 1st respondent.

3. It is the case of the petitioner that, on 25.04.2022, the petitioner has filed a petition before the 3rd respondent under Section 6(1) of the Right to Information Act, 2005 seeking a certified copy of the donation books, donation via cash, check or DD or donation made directly through the bank and certain other details relating to the Tamil Nadu Waqf Board. Since,

there was no response from the 3rd respondent, on 28.05.2022, the petitioner preferred an appeal before the 2nd respondent under Section 19(1) of the Right to Information Act 2005, since, the same did not yield any response, the petitioner preferred 2nd appeal before the 1st respondent, pursuant to which, the 3rd respondent was directed to act of the petitioner's representation. Despite the same, the 3rd respondent has not considered the petitioner's representation. Therefore, the petitioner sent a representation dated 03.11.2022 to the 1st respondent requesting to initiate departmental action against 3rd respondent under Appellate Procedure Rules. However, till date, no action has been taken on the said representation. Hence, this Writ Petition.

4. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st Respondent to take departmental action against the 3rd respondent and pass appropriate orders on merits within the time that may be stipulated by this Court.

5. On the above contention, this Court heard the learned counsel appearing for the 1st respondent.

6. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the 1st respondent to take appropriate action against the 3rd respondent in terms of 20(1) & (2) of the Right To Information Act and pass orders, within a period of four weeks from the date receipt of a copy of this order.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

07.06.2023 Index : Yes / No Internet : Yes / No NHS

1. The Chief Information Officer, Tamilnadu State Chief Information Commission No.19, Government Farm village fenepet, Nandhanam, Chennai-600 035.

2. The First Appellate official, Tamil Nadu Waqf board, No.1, Jabar Serang Street, Vallai Sitakadi Nagar, Chennai-600 001.

M.DHANDAPANI, J NHS 07.06.2023