A writ petition under Article 226 of the Constitution of India seeking information under the Right to Information Act, 2005 was disposed of by recording averments of both parties. The Court closed the petition without costs.
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 : 16.12.2021
CORAM:
THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.NO.17096 OF 2018 AND W.M.P.NO.20361 OF 2018
The Coimbatore Corporation Contractors Welfare Association, Registration No.81/2012, A7-Sundaresa Iyer Layout, Trichy Road, Coimbatore – 641 018, Rep. by its Treasurer, A.Ammasaiappan. ... Petitioner .Vs.
The Commissioner, Coimbatore Corporation, Coimbatore.
PRAYER:Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the respondent from furnishing any details regarding viz., 1) Payment made, 2) Copy of the cheques and pass book details, 3) Details of particular contractor regarding agreements, 4) Work under progress and work completed of members of the petitioners under the Right to Information Act, 2005 or under the provisions of Indian Evidence Act.
For Petitioner : Mr.V.Elangovan
For Respondent : Mr.K.Magesh
This Writ Petition has been filed by the petitioner, seeking for issuance of a Writ of Mandamus, to forbear the respondent from furnishing any details regarding viz., 1) Payment made, 2) Copy of the cheques and pass book details, 3) Details of particular contractor regarding agreements, 4) Work under progress and work completed of members of the petitioners under
the Right to Information Act, 2005 or under the provisions of Indian Evidence Act.
“It is a well settled proposition of Law that if any objection raised by the concerned party, the Public Information Officer should not provide particulars. Under such circumstances, the writ petition is an unnecessary one and liable to be dismissed.”
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
sp
To
The Commissioner, Coimbatore Corporation, Coimbatore.
+1cc to Mr.S.Doraisamy, Advocate, S.R.No.67401 +1cc to Mr.K.Magesh, Advocate, S.R.No.67725
W.P.NO.17096 OF 2018
GP(CO)
PBS/30/12/2021
2 issues framed by the court
Whether the Writ Petitioner is entitled to details regarding payments, cheques, and work progress under the Right to Information Act, 2005.
Whether the Writ Petition is maintainable in view of the response in the counter affidavit.
3 provisions across 3 enactments
The Coimbatore Corporation Contractors Welfare Association
The Commissioner, Coimbatore Corporation
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
