S.Fayas Ahamed v. The Chief Information Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2023

CORAM

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

1. The Chief Information Commissioner, Tamilnadu State Chief Information Commission, No.19, Government Farm Village FenestSW, Nandanam, Chennai - 600 035.

2. The First Appellate Official, Tamil Nadu Wawf Board, No.1, Jabar Serang Street, Vallai Sitakadi Nagar, Chennai - 600 001.

3. The Public Information Officer, Tamil Nadu Wawf Board, No.1, Jabar Serang Street, Vallai Sitakadi Nagar, Chennai - 600 001.

... Respondents PRAYER: The Writ Petition filed under Section 226 of the Constitution of India, pleased to issue a Writ or direction or order more particularly in the nature of Writ of Mandamus to direct the first respondent to take departmental action against the third respondent and subsequently direct the third respondent 1/6

herein to furnish the information pursuant to the RTI petition dated 23.04.2022. For Petitioner : Mr.R.Sunil Kumar For R1 : Mr.C.Vigneswaran

O R D E R

This writ petition has been filed for issuance of a writ of mandamus to direct the first respondent to take departmental action against the third respondent and subsequently direct the third respondent herein to furnish the information pursuant to the RTI petition dated 23.04.2022.

2. It is the case of the petitioner that he is the member of Walaja bazaar mosque situated at Walaja Taluk, Ranipet District. Thereafter, he sent a petition on 23.04.2022 to the third respondent under Section 6 (1) of the Right to Information Act, 2005 seeking details of all the rental shops. Since no response was forthcoming, the petitioner preferred an appeal before the second respondent on 25.05.2022. Even then there was no reply from the second respondent. Aggrieved over the said act, the petitioner preferred second appeal on 12.07.2022 before the first respondent. Thereafter, the first respondent passed an order directing the third respondent to act upon the petitioner's Right to Information petition. However, the third respondent did not comply with the 2/6

said order. While so, the petitioner sent a representation dated 03.11.2022 before the first respondent to initiate action against the third respondent for not furnishing the details sought for by the petition. Since the same was not considered, the present writ petition has been filed.

3. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the first respondent to consider the petitioner's representation dated 03.11.2022 and pass appropriate orders within the time frame that may be fixed by this Court.

4. On the above contentions heard learned counsel appearing for the first respondent and perused the materials placed on record.

5. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the first respondent to consider the petitioner's representation dated 03.11.2022 and pass appropriate orders on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.

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6. Accordingly, this writ petittion is disposed of. No costs. 27.06.2023 rap Speaking Order : Yes/No Index : Yes/No NCC : Yes/No To 4/6

1. The Chief Information Commissioner, Tamilnadu State Chief Information Commission, No.19, Government Farm Village FenestSW, Nandanam, Chennai - 600 035.

2. The First Appellate Official, Tamil Nadu Wawf Board, No.1, Jabar Serang Street, Vallai Sitakadi Nagar, Chennai - 600 001.

3. The Public Information Officer, Tamil Nadu Wawf Board, No.1, Jabar Serang Street, Vallai Sitakadi Nagar, Chennai - 600 001.

M.DHANDAPANI,J 5/6

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