Madras High CourtWP/20372/2014disposed of

K.Nandakumar v. The Registrar

2020-09-25Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 20372 of 2014 K.Nandakumar ... Petitioner -vs1. The Registrar Tamil Nadu State Information Commission No.2, Thagayarayar Salai Near Eldems Road Junction Teynampet, Chennai -18.

2. The Appellate Officer Director of Elementary Education College Road, Chennai - 6.

3. The District Elementary Education Officer Vellore - 4.

4. Thiru. A.K.Deenadayalan P.Venkatapuram Village and Post Gudiyattam, Vellore District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the entire records connected with the impugned order in Case No. 15954/enquiry/C/2014; dated 14.07.2014 passed by the First Respondent commission and quash the same. For Petitioner :

Mr. S.N.Ravichandran For Respondents:

Mr. Niranjan Rajagopalan (For R1) Mr. D.Sathyaraj (For R2 and R3) Special Government Pleader Mr. T.M. Naveen (For R4)

O R D E R

(through video conference) Heard Mr. S.N.Ravichandran, Learned Counsel for the Petitioner, Mr. Niranjan Rajagopalan, Learned Counsel for the

First Respondent, Mr. D.Sathyaraj, Learned Special Government Pleader for the Second and Third Respondents, Mr. T.M. Naveen, Learned Counsel for the Fourth Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

The Fourth Respondent had sought certain information regarding the Petitioner from the Third Respondent, which was refused to be furnished as it was considered to be 'personal information' exempted under Section 8(1)(j) of the the Right to Information Act, 2005 (hereinafter referred to as 'the Act'). The matter was thereafter taken up by the Fourth Respondent before the First Respondent under Section 18 of the Act. The First Respondent by an order in Case No. 15954/enquiry/C/2014 dated 14.07.2014 had required the Second Respondent to ascertain the information that had been sought by the Fourth Respondent and furnish the same to him. Aggrieved thereby, the Petitioner has filed this Writ Petition challenging the said order. 3.

It is informed by the Learned Counsel for the Fourth Respondent that after the filing of the Writ Petition, the Fourth Respondent has expired. As such, the necessity of furnishing the information regarding the Petitioner to the Fourth Respondent ceases to exist and the proceedings before the First Respondent have to be treated as abated. Though obvious, it is made clear that it would not preclude any other person, if he is otherwise entitled, to seek the same information regarding the Petitioner that had been sought by the Fourth Respondent in the manner recognized by law, and that no views are expressed by this Court on the correctness or entitlement of the claim made in that regard.

Accordingly, the Writ Petition is disposed on the aforesaid terms. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar Maya To

1. The Registrar Tamil Nadu State Information Commission No.2, Thagayarayar Salai Near Eldems Road Junction Teynampet, Chennai -18.

2. The Appellate Officer Director of Elementary Education College Road, Chennai - 6.

3. The District Elementary Education Officer Vellore - 4 +1cc to Mr.S.N.Ravichandran, Advocate, S.R.No. 31957 W.P. No. 20372 of 2014 GMR(CO) GN(16/10/2020)