S.Srikumar v. The Public Information Officer /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S.Srikumar ... Petitioner -vs1. The Public Information Officer / The Manager Shri Ranganatha Swami Devasthanam Srirangam - 620 006.

2. First Appellate Authority /Executive Officer Shri Ranganatha Swami Devasthanam Srirangam - 620006.

3. Tamil Nadu Information Commission The Tamil Nadu State Information Commission Block No.19, Government Farm Village Chennai - 600 035.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to furnish the Petitioner all information requested through RTI Application dated 12.11.2022 free of cost within a time frame fixed by the Court. For Petitioner : Mr. T.SriKrishna Bagawat N.C.Thirumalai Balaji For Respondents : Mr. R.Bharanidaran (RR1 & 2) Mr. C.Vigneshwaran (R3) 1/6

O R D E R

Heard Mr. T.Sri Krishna Bhagwavat, Learned Counsel for the Petitioner, Mr. R.Bharanidaran, Learned Counsel, who takes notice for the First and Second Respondents and Mr. C.Vigneshwaran, Learned Counsel, who takes notice for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner had on 12.11.2022 sought for the following information from the First Respondent under Section 6 of the Right to Information Act, 2005 (hereinafter referred to as 'the RTI Act' for short):- "1.

Kindly provide the following audit details pertaining to the Fasli year of 1426 to 1430. Kindly provide this information Fasli year wise.

Date on which Audit has been performed Date on which the official received the Audit Report Amount paid to perform the Audit and Date on which this amount has been transferred to the concerned Department 2.

Kindly provide the audit report pertaining to the Fasli 2/6

year 1428 to 1430.

3.

Kindly provide a copy of the Register of this temple as originally prepared and maintained per Sec.29 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 4.

Kindly provide a copy of the Register of this temple as originally prepared and maintained per Sec. 38 of the Madras Hindu Religious Endowments Act, 1926 (Madras Act No II of 1927)."

Thereafter, he had preferred an appeal under Section 19(1) of the RTI Act before the Second Respondent, who is the First Appellate Authority, and Second Appeal under Section 19(3) of the RTI Act before the Third Respondent, who is the Second Appellate Authority. It is the case of the Petitioner that none of them had granted information sought by him. In such circumstances, this Writ Petition had been filed for directing the Respondents to furnish the information sought by the Petitioner in his application dated 12.11.2022 to the First Respondent.

3.

Learned Counsel for the First and Second Respondents submits that the 3/6

First Respondent by Proceedings in Na. Ka. No. 2323/1432/C4 dated 07.11.2023 has furnished the information sought by the Petitioner in the Writ Petition.

5.

However, in respect of query no.3, the First Respondent has informed the Petitioner that as the document sought is an old register of the Temple of the First and Second Respondents maintained under Section 29 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, photocopy of the same could not be taken, and the Petitioner could visit the Temple of the First and Second Respondents to inspect that document. As the said reply of the First Respondent is in consonance with Section (2)(j)(i) of the RTI Act that the right to information includes inspection of documents and taking notes and extracts, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his remedies before he proper forum in the manner recognized by law.

In the result, the Writ Petition is disposed with the aforesaid observations. No costs.

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15.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 17.04.2024.

Maya To

1. The Public Information Officer / The Manager Shri Ranganatha Swami Devasthanam Srirangam - 620 006.

2. First Appellate Authority /Executive Officer Shri Ranganatha Swami Devasthanam Srirangam - 620006.

3. Tamil Nadu Information Commission The Tamil Nadu State Information Commission Block No.19, Government Farm Village Chennai - 600 035.

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P.D. AUDIKESAVALU, J.

Maya 15.11.2023 6/6