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Madras High CourtWP/33578/2018disposed of

M/S.Murali Foundation v. The Commissioner

2018-12-21Honourable Mr Justice V. Bharathidasan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2018

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.33578 of 2018 & W.M.P. 38965 of 2018, W.P. 33584 of 2018 & W.M.P.38970 of 2018, W.P. 33590 of 2018 & W.M.P. 38975 of 2018, W.P. 33599 of 2018 & W.M.P. 38980 of 2018 and W.P. 33595 of 2018 & W.M.P. 38988 of 2018 W.P.No.33578 of 2018 M/s.Murali Foundation rep. by its Proprietor, Mr.K.Murali, No.87/29, South Madha Street, Thiruvanmiyur, Chennai-41.

mentioned in the letter in S.W.D.C.No.B3/4161-55/2017 dated

W.P.No.33584 of 2018 R. Kannan 2.

The Superintending Engineer/ The Public Information Officer, mentioned in the letter in S.W.D.C.No.B3/4161/2017 dated W.P. No.33590 of 2018 M/s. Murali Foundation, rep. by its Proprietor, Mr.K.Murali, No.87/29, South Madha Street, Thiruvanmiyur, Chennai-41.

Bus route Roads Department, mentioned in the letter in B.R.R.C.No.B1/3811/2018,

B.R.R.C.No.B1/3812/2018, B.R.R.C.No.B1/3813/2018, B.R.R.C.

No.B1/3814/2018, B.R.R.C.No.B1/3815/2018, B.R.R.C.No.B1/ 3585/2018, dated 19.11.2018 on the file of the 2nd respondent with regard to the petitioner under the Right to Information Act, 2005 or under the provisions of Indian Evidence Act to any other third party.

W.P. No.33599 of 2018 R.Kannan

2. The Superintending Engineer/ The Public Information Officer, Bus Route Road Department, mentioned in the letter in B.R.R.C.No.B1/3811/2018, B.R.R.C.No.B1/3812/2018, B.R.R.C.No.B1/3813/2018, B.R.R.C.

No.B1/3814/2018, B.R.R.C.No.B1/3815/2018, B.R.R.C.No.B1/ 3585/2018, dated 19.11.2018 on the file of the 2nd respondent with regard to the petitioner under the Right to Information Act, 2005 or under the provisions of Indian Evidence Act to any other third party.

W.P.No.33595 of 2018 M/s. Annai Earth Movers, rep. by its Proprietor Rajasekar, No.2, TVK Link Road, Krishnamoorthy Nagar, Kodungaiyur, Chennai-600 118.

mentioned in the letter in S.W.D.C.No.B3/4161-10/2017 dated For Petitioner : Mr.C.Senthil Kumar For Respondents : Mrs. Karthikaa Ashok Standing Counsel C O M M O N O R D E R These writ petitions have been filed forbearing the respondents from furnishing the information sought for by the third party pursuant to a notice issued under Section 11(1) of the Right to Information Act (hereinafter called as "Act").

2. Heard the learned counsel appearing for the petitioners and the learned Counsel appearing for the respondents and perused the materials available on record carefully.

3. It is only a notice under Section 11(1) of the Act, asking for opinion of the petitioners, and pursuant to the notice, under Section 11(2) of the Act, the petitioners have submitted their objections. Now, The authorities shall pass order under Section 11(3) of the Act, regarding the furnishing of information as required by the third party after considering the objections raised by the petitioners. If the petitioners are aggrieved by the same, they can prefer appeal under Section 19 of the Act. It is only a notice issued under Section 11(1) of the Act, at this stage, the petitioners cannot challenge the same. Hence, I find no merit in the writ petitions.

4. However, now the petitioners submitted their objections under Section 11(2) of the Act , and the authorities concerned are directed to consider the petitioners' objection and pass suitable orders on merits under Section 11(3) of Act, after giving opportunity to the petitioners. Till the order is passed,

the respondents are directed not to furnish any information to third parties.

5. With the above direction, all the writ petitions are disposed of. No costs. Consequently connected writ miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar rpp To Rippon Buildings, Chennai - 600 003.

Rippon Buildings, Chennai - 600 003.

3. The Superintending Engineer/ Bus Route Roads Department, Rippon Buildings, Chennai - 600 003.

+10 ccs to Mr.C.Senthilkumar, Advocate SR.No.89838, 89839, 89840, 89841, 89851 +1cc to Mrs.Karthikaa Ashok, Advocate SR.No.89799 W.P.33578 of 2018 & W.M.P. 38965 of 2018, W.P. 33584 of 2018 & W.M.P.38970 of 2018, W.P. 33590 of 2018 & W.M.P. 38975 of 2018, W.P. 33599 of 2018 & W.M.P. 38980 of 2018 and W.P. 33595 of 2018 & W.M.P. 38988 of 2018 NRL(CO) GMY(12/02/2019)