Coimbatore Corporation v. The Commissioner

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.

... Respondents 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

O R D E R

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

the Right to Information Act, 2005 or under the provisions of Indian Evidence Act.

2. When the matter is taken up for hearing today i.e., on 16.12.2021, Mr.S.Doraisamy, learned counsel appearing for the petitioner referred to the last two sentences in para No.7 of the counter affidavit filed by the respondent, which are extracted hereunder :

"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."

3. By referring to the above, the learned counsel for the petitioner submits that the same would suffice to meet out the grievance of the petitioner. Therefore, he submitted that this Writ Petition may be closed by recording the same.

4. In reply, Mr.K.Magesh, learned counsel appearing for the respondent also submits that the said averments may be recorded and prayed this Court to dispose of this Writ Petition.

5. Accordingly, the said averments are recorded and the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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