Lakshmanan S M v. Second Appellate Authority

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 23812 OF 2021 (GM-RES) BETWEEN:

LAKSHMANAN S M S/O L Somasundaram (A) L Somu AGED ABOUT 45 years DOOR NO.1088, GROUND FLOOR, 1ST MAIN, 5TH CROSS, KENGERI SATELLITE TOWN BANGALORE - 560 060 MOBILE NO. +91-9442110119 EMAIL. smlakshmanan2@gmail.com …PETITIONER (BY SRI.LAKSHMANAN S.M. .,ADVOCATE)

AND:

¶1SECOND APPELLATE AUTHORITY STATE CHIEF INFORMATION COMMISSIONER ROOM NO.302, MAHITI SOUDHA DEVRAJ URS ROAD, OPPOSITE TO VIDHANA SOUDHA WEST GATE-2, BANGALORE - 560 001 PHONE. 020-22371959 FAX. 080-22341660.

¶2FIRST APPELLATE AUTHORITY THE PUBLIC INFORMATION OFFICER DISTRICT REGISTRAR (SHIVAJINAGAR) NO. 122/22, 4TH FLOOR,

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:41637( WP(No.(23812(of(2021( ( ,,,,,,,,,, , CNR:(KAHC010486572021( ( ( MONARCH,CHAMBERS, INFANTRY,ROAD,,, BANGALORE,-,560,001., ,

3., THE,PUBLIC,INFORMATION,OFFICER, SUB,REGISTRAR,OFFICE, NO.22,AND,44,,BDA,COMPLEX, DOMLUR,BANGALORE,-,560,071., ,

4., FIRST,APPELLATE,AUTHORITY, THE,PUBLIC,INFORMATION,OFFICER, DISTRICT,REGISTRAR,AND,, REGISTRAR,OF,FIRMS,(JAYANAGAR), ST ST THNO.12,,1 ,FLOOR,,1 ,MAIN,,4 ,BLOCK,, JAYANAGAR,,BANGALORE,-,560,011., ,

5., THE,PUBLIC,INFORMATION,OFFICER, SUB,REGISTRAR,OFFICE, BOMMANAHALLI,BDA,COMPLEX, 2ND,FLOOR,,3RD,BLOCK,,7TH,CROSS,, KORAMANGALA,BANGALORE,-,560,034, …RESPONDENTS, , (BY,SRI.,MAHANTESH,SHETTAR,,AGA,FOR,R2,TO,R5), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,226,OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, PROVIDE, THE, RELIEF, BY, ISSUANCE, OF, DIRECTION, THE, CONCERNED, AUTHORITIES, TO, FURNISH, AT, FREE, OF, COST, OF, THE, CERTIFIED,COPY,OF,THE,ILL,DEED,DOCUMENT,EXECUTED,BY, SRI.TIRUCHI,MAHASWAMIGAL,(A),PALANISAMY,,IN,MAY,NAME, LAKSHMANAN,S.,,M.L.,SOMASUNDARAM,(A),L.,SOMU,TO,THE, HON'BLE, COURT, AND, GRANT, PERMISSION, TO, COLLECT, HON'BLE, JUSTICE, IN, THE, COURT, HALL, CONCERNED, CONSIDERING,THE,SAFETY,OF,LIFE,,AND,ETC., , , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,M.G.S.,KAMAL,

ORAL ORDER

¶1Petitioner, party-in-person is before this Court, apparently being aggrieved by non-consideration of his application filed under the Right to Information Act, 2005 (hereinafter referred to as 'the Act, 2005').

¶2The petitioner/party-in-person has filed an application seeking information regarding a purported Will allegedly executed by certain Sri. Thiruchi Mahaswamigal, who is stated to be the Founder and President of Sri. Kailasha Ashramam Mahasamsthanam Trust, Sri. Raja Rajeshwari Devasthanam Trust and other related Branches of the Trust. It is the claim of the petitioner that he has strong belief that the a Will has been executed and registered in the office of the Bangalore South Taluk by aforesaid person bequeathing estate in favour of the petitioner.

¶3It is on these wild guess and assumptions, he has made an application before the respondent-Authorities under the Act, 2005. Non-furnishing of the said information, apparently constrained the petitioner to file an appeal

under Section 19 of the Act, 2005 before the respondent No.2-Appellate Authority.

In furtherance thereof, respondent No.2-Appellate Authority had issued notices dated 28.01.2021 and 24.02.2021 as per Annexures-F and G respectively, calling upon the petitioner to appear before him on the date and time mentioned therein. However, petitioner has not attended the said proceedings, instead has rushed to this Court by filing the writ petition.

¶4Learned AGA, at the outset submits that the information sought for by the petitioner, namely, alleged Will is not a public document. Will is registered and maintained in Book No.IV and is only made available upon the request made by the executor or the beneficiary of such Will and upon furnishing of specific details and information regarding the same.

¶5He further submits such information cannot even be divulged under the Act, 2005. He also submits that the petitioner himself is not clear as to the date, time and when the said Will was allegedly executed and registered

and also he is not aware as to the Office, in which it was registered as well as the property in respect of which it pertains. He submits that even in the absence of such material information, respondent No.2-Appellant Authority in the interest of justice had taken up the appeal and had issued notice of petitioner to appear, but the petitioner has remained absent. Therefore, no dereliction of duty on the part of respondent No.2-Appellant Authority can be attributed. Hence, he seeks for dismissal of petition.

¶6Heard the petitioner/party-in-person and learned AGA. Perused the records.

¶7On a query by this Court, as to the reason for his non-appearing before the respondent No.2-Appellant Authority, petitioner/party-in-person submits that he apprehends threat to his life. Therefore, he did not appear before the respondent No.2. He further submitted that the notice did not indicate the intention of the respondent No.2-Appellant Authority to furnish the copies

as sought for by him. It is for these reasons, he did not appear before the respondent No.2-Appellant Authority.

¶8The said reasons and justification cannot be countenanced either on facts or on the law.

¶9Since the petitioner is seeking information in respect of certain Will existence of which, he himself not being sure. On the other hand, it is based on his so called ''strong belief and assumption'' of such Will having been executed by the aforesaid person and application has been made without furnishing the details.

¶10Section 6 of the Act, 2005, mandates that a person seeking information to make an application along with prescribed fee, specifying the particulars of the information sought for by him. Without furnishing details and information, petitioner cannot find fault with the respondent-Authority and keep hounding and haunting based on his wild guess and assumptions.

¶11Nonetheless, since the appeal filed by the petitioner was taken up by the respondent No.2-Appellant Authority and

notice in this regard was also issued to the petitioner to appear for hearing, in the interest of justice, respondent No.2-Appellant Authority is directed to conduct the proceedings in furtherance to the notice issued.

¶12The petitioner/party-in-person shall appear before respondent No.2-Appellant Authorities on 20.08.2026 at 2:30 p.m. The petitioner/party-in-person shall furnish the required details with regard to the date of Will, property concerned and the office of the Sub-Registrar before whom such Will is executed to the respondent No.2-Appellant Authority.

¶13The respondent No.2-Appellant Authority shall hear the petitioner/party-in-person and pass appropriate order thereof.

¶14Petition is disposed of accordingly. SD/- (M.G.S. KAMAL) JUDGE

RL List No.: 1 Sl No.: 19