Disposed

T.M.Subramaniayam and Co. v. The Commissioner

Madras HC7 Dec 2018WP/32547/2018

Case brief

AI extract

What is this about?

Six writ petitions filed under Article 226 seeking a stay on furnishing information to third parties via RTI Act notice. The High Court observed initial objections were premature but, considering submitted objections, directed authorities to consider them under Section 11(3) and abstain from furnishing info until merit orders are passed.

What did the court decide?

Respondents directed not to furnish information to third parties until the authority passes an order under Section 11(3) considering objections under Section 11(2).

T.M.Subramaniayam and Co. Vs The Commissioner — Writ and Judicial Review | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.12.2018

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CORAM:

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THE HON'BLE MR.JUSTICE V.BHARATHIDASAN

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W.P.No.32547, 32554, 32557, 32578, 32580 & 32583 to 32585 of 2018 and

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W.M.P.Nos.37754, 37756, 37760, 37776, 37778 & 37780 to 37782 of 2018

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W.P.No.32547 of 2018 I T.M.SUBRAMANIAYAM AND CO REP BY ITS PARTNER T.S.S.SHARAN KUMAR NO.14/1 MANJOLAI STREET, KALAIMAGAL NAGAR, EKKADUTHANGAL, CHENNAI-600 032. ... PETITIONER IN W.P.NO.32547 OF 2018 1 M/S.SMK CONSTRACTORS REP BY ITS PARTNER MANOJ MACNIEL NO.50 MOORE STREET, M.L.T.TOWERS CHENNAI-600 001 ... PETITIONER in WP No.32554 of 2018 1 M/S.SASI CONSTRUCTIONS REP BY ITSMANAGING PARTNER R.SIVABALAN NEW NO.12 KANNAIYA STREET AMINJIKARAI CHENNAI- 600 029 ... PETITIONER in WP No.32557 of 2018 1 M/S.MANAKAA AND CO REP BY ITS MANAGING PARTNER M.MAHESH OLD NO.115 NEW NO.247 M.T.H.ROAD VILLIVAKKAM CHENNAI-600 049 ... PETITIONER in WP No.32578 of 2018 1 M/S.C.R.CONSTRUCTIONS REP BY ITS MANAGING PARTNER K.U.RAJAN NO.40/7 40/8 VEERAMATHI AMMAN KOVIL STREET P.N.PUDUR COIMBATORE-641 041 ... PETITIONER in WP No.32580 of 2018

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https://hcservices.ecourts.gov.in/hcservices/

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1 M/S.DEIVANAI CONSTRUCTIONS REP BY ITS MANAGING PARTNER A.GOWRISANKAR NO.121/22 NEHRU COLONY POLLACHI-642 002 ... PETITIONER in WP No.32583 of 2018

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1 M/S.RVS CONSTRUCTIONS REP BY ITS MANAGING PARTNER R.V.SATHISH BABU NO.200 METTUPALAYAM JOTHI NAGAR POST PONNERI-601 203 ... PETITIONER in WP No.32584 of 2018

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1 D.GOKULA KRISHNAN S/O.V.DEVARAJAN NO.17-B V.O.C.NAGAR. NILAMANGAI NAGAR ADAMBAKKAM CHENNAI-600 088 ... PETITIONER in WP No.32585 of 2018

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Vs. 1. THE COMMISSIONER, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI - 600 003. 2. THE SUPERINTENDING ENGINEER/ PUBLIC INFORMATION OFFICER, STORM WATER DRAIN DEPARTMENT, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI - 600 003.

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THE SUPERINTENDING ENGINEER, BUS ROUTE ROADS DEPARTMENT, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI -600 003.

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THE SUPERINTENDING ENGINEER, BUILDINGS DEPARTMENT, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI -600 003.

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THE SUPERINTENDING ENGINEER, SOLID WASTE MANAGEMENT DEPARTMENT, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI -600 003.

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https://hcservices.ecourts.gov.in/hcservices/

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THE FINANCE ADVISER, FINANCE MANAGEMENT UNIT, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI - 600 003. ... RESPONDENTS IN ALL THE WP'S

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PRAYER in W.P.No.32547 of 2018 : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents from furnishing or inspecting the documents mentioned in the letter in S.W.D.C.No.B3/4161-43/2017 dated 19.11.2018 S.W.D.C.No.B3/4161-60/2017 dated 19.11.2018

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S.W.D.C.No.B3/4161-2/2017, B3/4161-67/17, B3/4161-68/2017 dated 19.11.2018

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S.W.D.C.No.B3/4161-70/2017 dated 19.11.2018 S.W.D.C.No.B3/4161-4/2017 dated 19.11.2018 S.W.D.C.No.B3/4161-16/2017 dated 19.11.2018 S.W.D.C.No.B3/4161-1/2017 dated 19.11.2018

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S.W.D.C.No.B3/4161-49/2017 dated 19.11.2018 respectively on the file of the 2nd respondent with regard to the petitioner under the Right to Information Act, 2005 or under the provisions of Indian Evidence Act to any other third party.

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For Petitioner in all WPs : Mr. S.Duraisamy

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These writ petitions have been filed forbearing the respondents from furnishing the information sought for by the third party pursuant to a notice issued under Section 11(1) of the Right to Information Act. (Hereinafter called as "Act")

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Heard the learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the respondents and perused the materials available on record carefully.

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It is only a notice under Section 11(1) of the Act, asking for opinion of the petitioners, and pursuant to the notice, under Section 11(2) of the Act, the petitioners have submitted their objections. Now, The authorities shall pass order under Section 11(3) of the Act, regarding the furnishing of information as required by the third party after considering the objections raised by the petitioners. If the petitioners are aggrieved by the same, they can prefer appeal under Section 19 of the Act. It is only a notice issued under Section 11(1) of the Act, at this stage, the petitioners cannot challenge the same. Hence, I find no merit in the writ petitions.

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https://hcservices.ecourts.gov.in/hcservices/

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However, now the petitioners submitted their objections under Section 11(2) of the Act , and the authorities concerned are directed to consider the petitioners' objection and pass suitable orders on merits under Section 11(3) of Act, after giving opportunity to the petitioners. Till the order is passed, the respondents are directed not to furnish any information to third parties.

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With the above direction, all the writ petitions are disposed of. No costs. Consequently connected miscellaneous petitions are closed.

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Sd/Deputy Registrar //True Copy// Sub Assistant Registrar mrp To 1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003. 2. The Superintending Engineer/ Public Information Officer, Storm Water Drain Department, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003. 3. The Superintending Engineer, Bus Route Roads Department, Greater Chennai Corporation, Rippon Buildings, Chennai -600 003. 4. The Superintending Engineer, Buildings Department, Greater Chennai Corporation, Rippon Buildings, Chennai -600 003. 5. The Superintending Engineer, Solid Waste Management Department, Greater Chennai Corporation, Rippon Buildings, Chennai -600 003.

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https://hcservices.ecourts.gov.in/hcservices/

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The Finance Adviser, Finance Management Unit, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

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+8cc to M/S.S.Doraisamy, Advocate sr.84696 to 84703 +1cc to M/S.Karthikaa Ashok, Advocate Sr.84538

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W.P.No. 32547 etc., of 2018
srg 21/12/2018

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https://hcservices.ecourts.gov.in/hcservices/

T.M.Subramaniayam and Co. v. The Commissioner

Case brief

What is this about?

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T.M.Subramaniayam and Co. v. The Commissioner

Case brief

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