Y.Akbar Ahmed v. The Tamil Nadu Information Commission

ORDER The petitioner has approached this Court seeking a direction to the first respondent to consider his representations dated 26.11.2024 and 01.01.2025 in Case No.NC.1788/SCIC/2019, arising out of the inquiry held on 26.11.2024 in S.A.Nos.7355/A/2015 and 10304/A/2015.

¶2The petitioner had filed an application under Section 6 of the Right to Information Act, 2005, before the Public Information Officer, Tamil Nadu Wakf Board, seeking information as to whether the property bearing Door No.98, St. Patricks Church Road, St. Thomas Mount, Chennai-600 016, is described as poramboke property in the Tamil Nadu Wakf Board Manual Register dated

12.01.1956.

¶3The Public Information Officer failed to furnish the information sought by the petitioner. Therefore, the petitioner filed a first appeal under Section 19(1) of the Act. As the information was still not furnished, the petitioner filed a second appeal under Section 19(3) of the Act. The second appeal was disposed of by the Second Appellate Authority holding that the Proforma Report maintained by the Wakf Board was invalid.

¶4Subsequently, the petitioner received a notice dated 10.12.2019 stating that the Proforma maintained by the Wakf Board was valid. The said notice was issued by the Assistant Secretary, Tamil Nadu Wakf Board. According to the Page3 of 5 petitioner, the Assistant Secretary had no statutory authority to issue such a notice and, therefore, the notice dated 10.12.2019 cannot be given effect to.

¶5The petitioner has also questioned the genuineness of the notice dated

10.12.2019 and called upon the second respondent to produce the original notice. The second respondent has stated that the original notice is not available in the office. However, the relevant register has been produced to show that the notice was received in the office under Reference No.1729. While the register reflects the date of receipt as 16.12.2019, the seal affixed on the notice shows the date as

06.12.2019.

¶6The learned counsel appearing for the second respondent submits that the register establishes that the notice was received on 16.12.2019 and, therefore, the date of 06.12.2019 appearing in the seal is incorrect. The first respondent has also stated that the original notice is not traceable and that the records relating to the notice have been destroyed.

¶7In view of the above circumstances, the notice dated 10.12.2019 cannot be acted upon at this stage. Accordingly, the writ petition is disposed of with a direction to the first respondent to dispose of Case No.NC.1788/SCIC/2019, after conducting a detailed enquiry, within a period of six weeks from the date of receipt of a copy of this order. Page4 of 5

¶8It is open to the petitioner to lodge an appropriate complaint before the competent forum regarding the alleged fabrication of the notice dated 10.12.2019. There shall be no order as to costs. 18-08-2026 Index: Yes/No Speaking/Non-speaking order ssk To

¶1The Tamil Nadu Information Commission Block, No.19. Government Farm Village, Saidapet, Chennai-600 015

¶2The Public Information Officer/ Assistant Secretary II,(Retd.) Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001. WPoNo.o31152oofo2025 HEMANToCHANDANGOUDAR,oJ. ssk WPoNo.o31152oofo2025 18-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-08-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR Y.Akbar Ahmed ..Petitioner(s) Vs 1. The Tamil Nadu Information Commission Block, No.19. Government Farm Village, Saidapet, Chennai-600 015 2. The Public Information Officer/ Assistant Secretary II,(Retd.) Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001. (the name of R2 (Umar Farooq) deleted from the Cause Title vide Order dated 11.08.2026) ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st respondent herein to consider petitioner's representations dated 26.11.2024 and 01.01.2025 in petitioner case No.NC.1788/SCIC/2019 inquiry held dated 26.11.2024 in (SA.7355/A/2015 and 10304/A/2015). For Petitioner(s): Mr.Y.Akbar Ahmed (Party in person) For Respondent(s): Mr.C.Vigneshwaran, Standing Counsel for R1 Mr.Fakkir Mohideen Standing Counsel for R2 Page2 of 5