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Madras High CourtWP/34178/2018disposed of

K.Sathish Kumar 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.Nos.34178, 34181, 34183 & 34184 of 2018, W.P. 34185 of 2018 & W.M.P.s 39717 of 2018 and W.P. 34187 of 2018 & W.M.P. 39719 of 2018 W.P.No.34178 of 2018 K.Sathish Kumar PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents from furnishing or inspecting the documents mentioned in the letter in S.W.D.C.No.B3/4161-9/2017 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.34181 of 2018 M/S.M.K.Constructions reb by its Partner K.Gopi

mentioned in the letter in S.W.D.C.No.B3/4161-52/2017 dated W.P. No.34183 of 2018 M/s. Valli Saravana Constructions, Mr.P.S.K.Saravanan, mentioned in the letter in S.W.D.C.No.B3/4161-26/2017 dated

W.P. No.34184 of 2018 M/s. Selva Lakshmi Constructions, Mr.D.Saravanan, mentioned in the letter in S.W.D.C.No.B3/4161-53/2017 dated W.P.No.34185 of 2018 M/s. Yogesh Constructions, Logambal,

2. The Superintending Engineer/ Public Information Officer,

mentioned in the letter in S.W.D.C.No.B3/4161-65/2017 dated W.P. No.34187 of 2018 M/s. Yogesh Constructions, Logambal, mentioned in the letter in B.R.R.C.No.B3/5127/2018 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

2. The Superintending Engineer/ Public Information Officer, Rippon Buildings, Chennai - 600 003.

+1cc to Mr.Karthikaa Ashok, Advocate, S.R.No.89798 +12cc to Mr.C.Senthil Kumar, Advocate, S.R.No.89845 to 89850 W.P.Nos.34178, 34181, 34183 & 34184 of 2018, W.P. 34185 of 2018 & W.M.P.s 39717 of 2018 and W.P. 34187 of 2018 & W.M.P. 39719 of 2018 EVCO) GSP(12/02/2019)