In a writ petition under Article 226, the court quashed an RTI order for not providing the petitioner an opportunity to be heard. The matter was remitted to the Information Commission for fresh proceedings on merits.
Impugned order set aside and matter remitted to the First Respondent to pass orders afresh after notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.08.2019
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.No.26000 of 2008 and M.P.No.1 of 2008
Institute of Asian Studies
represented by its Secretary, having regd office at Chemmancherry, Sholinganallur Post,
Chennai – 600 119. ..Petitioner
-Vs-
1.Tamil Nadu Information Commission,
Kamadhanu Co-Operative Super Market, Building, I Floor,
New No.379, Anna Salai,
Teynampet, Chennai – 600 018.
2.T.Rethinapandian ..Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India seeking for a Writ of Certiorari, to call for the records of the First respondent in Case No.5895/Enquiry/2008 quash the order dated 17.09.2008.
For Petitioner : Mr.R.Asokan
For Respondents : Mr.Niranjan Rajagopalan
for M/s.G.R.Associates for R1
Mr.Su.Srinivasan for R2
O R D E R
Heard Mr.R.Asokan, learned counsel for the petitioner, Mr.Niranjan Rajagopalan, learned counsel for the first respondent, Mr.Su.Srinivasan, learned counsel for the second respondent and perused the materials available on record.
behalf of the petitioner before the first respondent and sought time to engage a counsel. However, instead of adjourning the matter, the impugned order came to be passed after lapse of seven months.
ms Sd/Assistant Registrar //True Copy// Sub Assistant Registrar To The Tamil Nadu Information Commission, Kamadhanu Co-Operative Super Market, Building, I Floor, New No.379, Anna Salai, Teynampet, Chennai – 600 018.
Copy to:The Section Officer, V.R.Section, High Court, Madras - 104. +1cc to Mr.G.R.Associates, Advocate, SR.No.65994
W.P.No.26000 of 2008 and M.P.No.1 of 2008
Kak(28/09/2019)
2 issues framed by the court
Whether the impugned order violating principles of natural justice by failing to provide opportunity to hear the petitioner can be quashed.
Whether the petitioner is a public authority liable to furnish information under RTI.
1 provisions across 1 enactments
Institute of Asian Studies
Tamil Nadu Information Commission
T. Rethinapandian
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
