M/S.Sri Venkateswara Engineers v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.No.22680 of 2023 M/s.Sri Venkateswara Engineers, Rep. by its Proprietor, M.Selvakumar, No.1/55, CRR Puram, Manapakkam, Chennai-600 116.

... Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai-600 003.

2.The Superintending Engineer (SWD/M), Greater Chennai Corporation, Mechanical Engineering Department, Amma Maaligai, EVR Periyar Salai, Chennai-600 003.

... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondents from furnishing or permitting to inspect of any documents pertaining to the petitioner in respect of 1/4

tender particulars, Bank Balance, Income Tax returns etc., which affects the privacy of the petitioner to any other third parties under the Right to Information Act, 2005 or under the provisions of Indian Evidence Act. For Petitioner : Mr.S.Doraiswamy For Respondents : M/s.P.T.Ramadevi Standing counsel for R1 and R2

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has been awarded a contract for the removal of garbage by the City Corporation. It appears some third party has filed an application under Right to Information Act, 2005, to obtain certain information pertaining to the contract awarded to the petitioner.

3.Learned counsel for the petitioner submitted that while documents relating to the contract may be shared, it is understood that certain particulars, such as the petitioner's income tax returns and bank account details, are also being sought. 2/4

The petitioner claims that these documents are protected under Section 8 of the RTI Act.

4.Heard Mr.S.Doraiswamy, the learned counsel for the petitioner, M/s.P.T.Ramadevi, the learned Standing Counsel appearing for respondents 1 and 2.

5.The second respondent is now required to strictly adhere to Section 8 of the RTI Act and withhold all personal information of the petitioner from disclosure to third parties under the RTI Act.

6.This writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

04.08.2023 Anu Index : Yes / No 3/4

N.SESHASAYEE, J.

Anu To 1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai-600 003.

2.The Superintending Engineer (SWD/M), Greater Chennai Corporation, Mechanical Engineering Department, Amma Maaligai, EVR Periyar Salai, Chennai-600 003.

and W.M.P.No.22680 of 2023 04.08.2023 4/4