R.Novan, v. The Public Information Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2016

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.Nos.5709 to 5711 of 2015 M.P.Nos.1, 1, 1, 2, 2 & 2 of 2015 R.Novan ..

Petitioner in all W.Ps.

Vs.

The Public Information Officer/ Headquarter Deputy Tahsildar(Po), Sholinganallur Circle, Sholinganallur, Kancheepuram District.

..

Respondent in all W.Ps.

Prayer: Petitions filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the Notice bearing Na.Ka. No.15840/2014/Aa2, 15841/2014/ Aa2 and 15842/2014/ Aa2 dated 10.2.2015 in the applications of the petitioner bearing No.Tha.Aa.U.S. (2005) Appl. Nos.697/ 2014 SNR, 698/2014 SNR and 699/2014 SNR respectively on the file of the respondent and quash the same and issue direction directing the respondent to give information sought by the petitioner in Application Nos.Tha.Aa.U.S. (2005) Appl. Nos.697/2014 SNR, 698/2014 SNR and 699/2014 SNR on the file of the respondent without insisting any documents.

For Petitioner ..

Mr.R.Balachandran in all W.Ps.

For Respondent ..

Mr.P.Sanjay Gandhi in all W.Ps.

Additional Government Pleader COMMON ORDER As the issue involved in all these writ petitions is one and the same, they have been taken up together and disposed of by way of a common order.

2.

The petitioner has made applications to the respondent seeking certain information with reference to the chitta and adangal. The said applications were rejected on the ground that https://hcservices.ecourts.gov.in/hcservices/

unless and until the petitioner shows any personal interest, the information sought for by the petitioner cannot be granted by making reliance upon the order passed by the Tamil Nadu State Information Commissioner.

3.

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

4.

As rightly submitted by the learned counsel appearing for the petitioner, the respondent cannot impose a pre-condition before deciding as to whether the petitioner is entitled for information or not. In other words, the applications have to be decided on their own merits. Accordingly, the orders impugned are hereby set aside and the writ petitions are allowed. Consequently, the respondent is directed to dispose of the applications dated 26.12.2014 made by the petitioner on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar raa To The Public Information Officer/ Headquarter Deputy Tahsildar(Po), Sholinganallur Circle, Sholinganallur, Kancheepuram District.

+ 3 ccs to M/s. R. Balachandran, Advocate Sr.4302 to 4304 W.P.No.5709 to 5711 of 2015 MP(CO) EU 28.1.15 https://hcservices.ecourts.gov.in/hcservices/