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2021 Supreme(Mad) 2244

SENTHILKUMAR RAMAMOORTHY
I. Ismail – Appellant
Versus
Tamil Nadu State Information Commission, Represented through its Assistant Registrar, Chennai – Respondent


Advocate Appeared:
For the Petitioner:V. Meenakshisundaram, Advocate
For the Respondent:Veera Kathiravan, Additional Advocate General, K.K. Senthil, P. Subbaraj, Advocates

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the impugned summons issued by the first respondent herein vide proceedings in Case No. SA.3624/SCIC/2020 dated 02.08.2021 and quash the same as illegal and for other reliefs.)

1. The central issue that arises for consideration in this case is whether the Victoria Edward Hall Society (in short, "Victoria Society") is a public authority under Section 2(h) of the Right to Information Act, 2005 (the RTI Act). Ancillary issues relating to whether information may be called for under the RTI Act even from a private body and whether the impugned summons is actuated by malice also arise. Besides, an issue of non-joinder was raised.

2. The narrative begins from 1911 when G.O.Ms.No.254, Revenue Department, dated 27.01.1911 (G.O.Ms.No.254) was issued. By G.O.Ms.No. 254, land of an extent of 72 cents was granted to the Victoria Society. The said Government Order also adverts to the sale of 1.11 acres with exemption from ground rent. G.O.Ms.No.254 is subject to conditions. The first condition is that the whole extent of 1.83 acres of la

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