Marimuthu.K.S v. The Director
Writ Petition – Certified copies – Sections 74 and 76, Indian Evidence Act, 1872
Case brief
What is this about?
Madras High Court (Madurai Bench), W.P.(MD) Nos. 7079 and 7851 of 2022 (with W.M.P(MD)Nos.5372 and 5902 of 2022), K.S. Marimuthu vs Director, Directorate of Indian Medicine and Homeopathy; refusal of certified copies requested 04.10.2021 under Sections 74/76, Indian Evidence Act 1872 (impugned letter O.Mu.No.11994/Ne1/1/2021 dated 30.11.2021); public document requirement; right-to-inspect test; Annual Confidential Report and third-party family property details held non-public and confidential; Section 76 held inapplicable; petitions dismissed; alternative suggested route via Right To Information Act with third-party/confidentiality disclosure rules; decided 03.02.2025 by V. Lakshminarayanan J.; no precedents cited; no costs awarded.
What did the court decide?
For Section 76 of the Indian Evidence Act to apply, a party seeking issuance of a certified copy must be a person who has a right to inspect the document, and the document concerned must be a public document.