Disposed

S.Fayas Ahamed v. the Chief Information Commissioner

Madras HC27 Jun 2023WP/18716/2023

Case brief

AI extract

What is this about?

Single judge of Madras High Court directed the First Appellate Official of Tamil Nadu Waqf Board to consider a petitioner's representation dated 03.11.2022 regarding non-compliance by the PIO and pass appropriate orders within four weeks. Petition disposed of.

What did the court decide?

Petitioner's representation dated 03.11.2022 to be considered and appropriate orders passed within four weeks.

S.Fayas Ahamed Vs the Chief Information Commissioner — RTI and Transparency | Madras HC (2023)

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W.P.No.18716 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.06.2023

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.No.18716 of 2023

S.Fayaz Ahamed

... Petitioner

Vs.

The Chief Information Commissioner, Tamilnadu State Chief Information Commission, No.19, Government Farm Village FenestSW, Nandanam,

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Chennai – 600 035.

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

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

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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

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https://www.mhc.tn.gov.in/judis

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W.P.No.18716 of 2023

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

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For R1 : Mr.C.Vigneswaran

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O R D E R

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This writ petition has been filed for issuance of a writ of mandamus

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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.

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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

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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

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https://www.mhc.tn.gov.in/judis

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W.P.No.18716 of 2023

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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.

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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.

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

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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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https://www.mhc.tn.gov.in/judis

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W.P.No.18716 of 2023

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6. Accordingly, this writ petittion is disposed of. No costs.

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27.06.2023

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rap

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Speaking Order : Yes/No Index : Yes/No NCC : Yes/No

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W.P.No.18716 of 2023

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The Chief Information Commissioner, Tamilnadu State Chief Information Commission, No.19, Government Farm Village FenestSW, Nandanam,

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Chennai – 600 035.

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

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

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M.DHANDAPANI,J

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https://www.mhc.tn.gov.in/judis

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W.P.No.18716 of 2023

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rap

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W.P.No.18716 of 2023

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27.06.2023

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https://www.mhc.tn.gov.in/judis

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S.Fayas Ahamed v. the Chief Information Commissioner

Case brief

What is this about?

What did the court decide?

S.Fayas Ahamed v. the Chief Information Commissioner

Case brief

What is this about?

What did the court decide?

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