V.Sundar v. The Public Information Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU V.Sundar ... Petitioner -vs1. The Public Information Officer, Director, School Education Department, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.

2. The Public Information Officer, Chief Educational Officer, Viruthunagar District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent herein to furnish Certificates/documents of the Petitioner's wife Mrs. Sankareswari, submitting by her during the admission of Class VI by considering the information sought for vide letters dated 25.05.2023 and 22.08.2023 under the Right to Information Act, 2005. For Petitioner :

Mr. N.S.Deepak For Respondents :

Mr. U.Baranidharan, Additional Government Pleader 1/4

O R D E R

Heard Mr. N.S.Deepak, Learned Counsel for the Petitioner and Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

It is the case of the Petitioner that he had sought for the documents relating to his wife viz., M.Sankareswari, when she was pursuing classes VI to XII in Government Higher Secondary School, Koomapatti, Vathiraiyiruppu Taluk, Viruthunagar District in Tamil medium during the period of 1994 to 2002 under the Right to Information Act, 2005, (hereinafter referred to as 'the RTI Act' for short) from the Respondents, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 3.

When it was pointed out that the information sought by the Petitioner from the Respondents is personal information exempted from disclosure under Section 8(1)(j) of the Right to Information Act, 2005, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with the 2/4

clarification that it would not preclude the wife of the Petitioner viz., M.Sankareswari, from working out her legal remedies before the proper forum in the manner recognized by law and he has made an endorsement to that effect in the Court record.

In the result, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

16.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 14.02.2024.

vjt To

1. The Public Information Officer, Director, School Education Department, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.

2. The Public Information Officer, Chief Educational Officer, Viruthunagar District.

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P.D. AUDIKESAVALU, J.

vjt 16.11.2023 4/4