Mary Jemitha v. The First Appellate Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD)Nos.17644 and 17645 of 2025 Mary Jemitha ... Petitioner Vs.
1.The First Appellate Authority/ Superintendent of Police, Tirunelveli, Tirunelveli District.
2.The Additional Superintendent of Police, Tirunelveli, Tirunelveli District.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the first respondent vide his proceedings in e.f.vz;.rp3/RTI A 85/009958/25, dated 25.06.2025, thereby confirming the impugned order passed by the second respondent in e.f.vz;.726/j.m.c.r/T.fh.f.m/jpyp.kh.2025, dated 09.06.2025 and quash the same as illegal and further direct the respondents to furnish the information sought for by the petitioner pertaining to the accused namely Selvakumar, S/o.Mani having his history sheeter number in
H.S.No.425 of 2012 on the file of the Panagudi Police Station, Tirunelveli District.
For Petitioner : Mr.R.L.Dhilipan Pandian, For Respondents : Mr.M.Vaikkam Karunanithi, Government Advocate (Criminal Side)
ORDER
The Writ Petition is filed challenging the order passed by respondents rejecting the request of the petitioner for furnishing certain information. 2.The petitioner submitted an application before the second respondent seeking certain information regarding history sheet maintained by the Panagudi Police Station. The said information was refused by the Public Information Officer, namely the second respondent on the ground that it is a third party information and hence, cannot be furnished under Section 8 (1) (j) of Right to Information Act. Aggrieved by the said order passed by second respondent, the petitioner preferred the first appeal before the first respondent and the same was also rejected by reiterating the very same reason, by order dated 25.06.2025. Aggrieved by the same, the present Writ Petition has been filed.
3. Against the order passed by the first respondent in rejecting the first appeal filed by the petitioner, second appeal will lie before the State Information Commission under section 19(2) of Right to Information Act. In view of the availability of alternative remedy before the State Information Commission, this Court is not inclined to entertain this petition.
4. Accordingly, the Writ Petition is dismissed with liberty to file second appeal before this State Information Commission. The petitioner is entitled to exclude the time taken by him in prosecuting this Writ Petition before this Court while calculating limitation for second appeal (ie., from 24.07.2025 to date of receipt of copy of this order). No costs. Consequently, connected Miscellaneous Petitions are closed. 19.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das
To 1.The First Appellate Authority/ Superintendent of Police, Tirunelveli, Tirunelveli District.
2.The Additional Superintendent of Police, Tirunelveli, Tirunelveli District.
S.SOUNTHAR ,J.
das and W.M.P(MD)Nos.17644 and17645 of 2025 Dated: 19.08.2025