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Madras High CourtWP(MD)/18430/2025disposed of

S.Ramprasath v. The Central Public Information Officer (Cpio)

2025-07-07Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Ramprasath ...

Petitioner Vs 1 The Central Public Information Officer (CPIO), Central Information Commission, Ground Floor, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi - 110 067.

2 The Joint Commissioner of Income Tax, Non-Corporate Range-1, No.2, V.P.Rathinasamy Nadar Road, Madurai 625 002.

3 The Central Public Information Officer(CPIO), Non Corp. Ward 1(3), MDU, Income Tax Office-Madurai MA, 2, V.P.Rathinasamy Nadar Road, CR Building, Bibikulam, Madurai 625 00.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 2nd respondent to

furnish the information requested for under Right to Information Act in CCACH/A/E/23/00038, dated 30/11/2023, by considering the cited precedent ruling of the Chief Information Commission in Yash Malhotra Vs. CPIO, Income Tax Department, in File No.CIC/CCITD/A/2023/622483. For Petitioner :

Mr.S.Ramprasath, Petitioner in Person.

For Respondents 1 & 3 : Mr.S.Pon Senthil Kumaran, SPCGC.

For Respondent 2 : Mr.N.Dilip Kumar

ORDER

The petitioner herein seeks a direction to the second respondent to furnish the information sought by him under the Right To Information Act.

2. The petitioner is contesting maintenance proceedings in I.A.No. 1 of 2022 in H.M.O.P.No.83 of 2020 on the file of Principal Subordinate Judge, Chengalpattu, instituted by his wife, which was later transferred and renumbered as I.A.No.4 of 2025 in O.P.No.4521 of 2024 on the file of IV Additional Principal Judge, Family Court, Chennai.

3. The petitioner submitted an RTI application before the third respondent, seeking generic details of the gross salary of his wife. The same

was rejected by the third respondent, by invoking Section 8 (1) (j) of the Right To Information Act. The said order was challenged before the second respondent in appeal vide No.CCACH/A/E/23/00038, dated 30.11.2023. The said appeal filed by the petitioner has not been considered by the second respondent. Aggrieved by the same, the petitioner preferred a second appeal before the first respondent in Diary No.612649 of 2024, dated 21.03.2024. The said second appeal has not been listed for hearing for more than one year and four months. Therefore, the petitioner approached this Court, seeking a direction to third respondent to furnish the details sought for by him.

4. The petitioner-in-person would submit that he only sought for generic details about the salary of his wife to defend the maintenance claim made by her before the Family Court and, therefore, the third respondent is bound to furnish the information sought for by him.

5. Admittedly, the second appeal filed by the petitioner in Diary No.612649 of 2024, dated 21.03.2024, is admitted as per the online status furnished by the petitioner. The said appeal is pending without any progress for the past one-and-a-half years. The petitioner sought for certain generic details regarding the salary of his wife in order to defend his case effectively before the Family Court.

6. In such circumstances, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the second appeal filed by the petitioner in Diary No.612649 of 2024, dated 21.03.2024, and pass final orders on its own merits within a period of twelve weeks from the date of receipt of copy of this order.

7. Accordingly, the Writ Petition stands disposed of. No costs. 07.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The Central Public Information Officer (CPIO), Central Information Commission, Ground Floor, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi - 110 067.

2 The Joint Commissioner of Income Tax, Non-Corporate Range-1, No.2, V.P.Rathinasamy Nadar Road, Madurai 625 002.

3 The Central Public Information Officer(CPIO), Non Corp. Ward 1(3), MDU, Income Tax Office-Madurai MA, 2, V.P.Rathinasamy Nadar Road, CR Building, Bibikulam, Madurai 625 00.

S.SOUNTHAR, J.

dixit 07.07.2025