PUBLIC INFORMATION OFFICER Vs. S. MAJEED

JUDGEMENT

(1.) The order of the 2nd respondent directing the petitioner to provide the details sought for under the Right to Information Act, 2005 (for short 'RTI Act ) by the 1st respondent, has resulted in the filing of the present petition.

(2.) It is the case of the petitioner that the property situated at No.79 and 80, Broadway, Chennai is administered by the petitioner on the orders of this Court dtd. 2/5/1939 under a Scheme Decree made in C.S. No.314 of 1930 and for carrying out the charities and welfare measures as per the wish of the Testator under the supervision of this Court, the petitioner has to obtain permission of this Court.

(3.) It is the further case of the petitioner that the 1st respondent made an application dtd. 5/2/22 under Sec. 6 (1) of the Right to Information Act, 2005 seeking to furnish information with regard to the affairs of MKP Maraikayar Trust. It is the case of the petitioner that the information is in no way related to him as he is in no way connected with the Trust estate nor is a beneficiary. The information with regard to the estate is vested with the petitioner under the scheme decree made in the aforesaid civil suit and the application of the respondent is only made with an ulterior motive. It is the further case of the petitioner that the affairs of the Trust under the control of the petitioner are exempted u/s 8 (1) (e) of the RTI Act. It is the further case of the petitioner that the functioning of the petitioner as Administrator of the Trust is in a fiduciary capacity and the petitioner is not under obligation to furnish any information to third parties and, therefore, the information sought for by the 1st respondent is exempted u/s 8 (1) (e).