Madras High Court
D.Durai Singam vs The Commissioner on 28 October, 2022
W.P(MD)No.3475 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.3475 of 2015
D.Durai Singam ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowment Board,
Nungambakkam,
Chennai.
2.The Commissioner,
Tamil Nadu State Information Commission,
Tamil Nadu,
Thenampettai,
Chennai-18.
3.The General Manager,
Public Information Officer,
Thiruvavaduthurai Adhinam,
Thiruvavaduthurai,
Kutralam Taluk,
Nagapattinam District.
4.The Manager,
Thanakonniappa Mudaliar Kattalai,
72, Thanappa Mudali Street,
Madurai. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.3475 of 2015
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
second respondent to dispose of the petitioner's Second Appeal, dated
12.01.2015, pending before the second respondent within a period
specified by this Court.
For Petitioner : M/s.Babu Rajendran
For R-1 : M/s.P.Subbaraj
Special Government Pleader
For R-2 : M/s.K.K.Senthil
For R-3 & R-4 : M/s.S.Manohar
ORDER
The present Writ Petition has been filed challenging a Writ of
Mandamus, directing the State Information Commission to dispose of the
second appeal presented by the writ petitioner. The writ petitioner has
sought for certain information from the third respondent Mutt, relating to
the services rendered by the fourth respondent, who is the Manager of
the said Mutt. A perusal of the application indicates that the application
under the Right to Information Act has not been filed by an individual
but by an Advocate on behalf of his client.
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W.P(MD)No.3475 of 2015
2. The said request was not responded by the Public Information
Officer. Since the information was not furnished, the petitioner had
directly approached the Information Commission. The Information
Commission by an order, dated 01.10.2013, has rejected the appeal, on
the ground that the information seeker has to first approach the first
Appellate Authority. Without challenging the said order of the State
Information Commission, the present writ petition has been filed seeking
a Writ of Mandamus, directing the State Information Commission to
dispose of the second appeal.
3. The learned Counsel appearing for the third respondent brought
to the notice of the Court, a judgment of the learned Single Judge of this
Court, dated 01.10.2021, in a batch of writ petitions in W.P(MD)Nos.
16567 of 2010 and others, wherein this Court has laid a law that only
with regard to the secular aspects, a Mutt could be directed to furnish
information under the RTI Act.
4. A perusal of the application under the RTI Act will clearly
indicate, that it has not filed by an individual but through a Counsel on
https://www.mhc.tn.gov.in/judis
W.P(MD)No.3475 of 2015
behalf of his party. As per Section 6 of the RTI Act, the information
seeker should file an application directly to the Public Information
Officer and the same cannot be done through an Advocate. Hence, the
very application presented by the writ petitioner seeking information is
not maintainable under the RTI Act. That apart, without challenging the
order passed by the second respondent Information Commission, the
present writ petition seeking a Writ of Mandamus, directing the
Commission to dispose of the second appeal is not maintainable. The
Information Commission has specifically returned the appeal and hence,
a Mandamus cannot be issued to the Commission to dispose of the
second appeal, which has already been returned by them on the ground of
maintainability.
5. In view of the above said facts, the writ petition is not
maintainable. The writ petition stands dismissed, with the above said
observations. There shall be no order as to costs.
28.10.2022
https://www.mhc.tn.gov.in/judis
W.P(MD)No.3475 of 2015
Index : Yes / No
Internet : Yes / No
btr
To
1.The Commissioner,
Hindu Religious and Charitable Endowment Board,
Nungambakkam,
Chennai.
2.The Commissioner,
Tamil Nadu State Information Commission,
Tamil Nadu,
Thenampettai,
Chennai-18.
3.The General Manager,
Public Information Officer,
Thiruvavaduthurai Adhinam,
Thiruvavaduthurai,
Kutralam Taluk,
Nagapattinam District.
4.The Manager,
Thanakonniappa Mudaliar Kattalai,
72, Thanappa Mudali Street,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.3475 of 2015
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.3475 of 2015
28.10.2022
https://www.mhc.tn.gov.in/judis
