W.P.No.21626 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2023

CORAM :

The HONOURABLE DR.JUSTICE ANITA SUMANTH

W.P.No.21626 of 2017

Vijayakumar G Dhas

.. Petitioner

vs

1.The State Information Commissioner,

Tamil Nadu Information Commission,

No.2, Thyagaraya Road,

Teynampet,

Chennai – 600 018.

2.The Public Information Officer,

Officer of Director General of Police,

Mylapore,

Chennai – 600 004.

.. Respondents

Petition filed under Article 226 of the Constitution of India

praying to issue a writ of certiorarified mandamus after calling for

the records of the 1^st respondent pertaining to the case

No.CP879/F/2015 and quash the order dated 24.02.2017 and

consequently directing the 1^st respondent to impose fine on the 2^nd

respondent, apart from issuing direction to the competent authority

to take disciplinary action against him for furnishing irrelevant

information to the petitioner in violation of the provisions of Right to

Information Act.

For Petitioner

:

Ms.Farjana Praveen

for Mr.P.Sesubalan Raja

For Respondents

:

Ms.Sowjanya

for Mr.Niranjan Rajagopalan

for R1

Mr.Alagu Gowtham

Government Advocate for R2

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W.P.No.21626 of 2017

ORDER

1.

The petitioner has challenged an order dated

24.02.2017 passed by the State Information Commissioner on the

ground that, in addition to the order passed, R1 ought to have

imposed fine on R2 and directed the competent authority to take

disciplinary action against him for delay in furnishing of information

to the petitioner, in violation of the provisions of the Right to

Information Act, 2005 (in short, 'the Act').

2.

The petitioner claims to be the owner of a building that

is occupied by the Assistant Commissioner of Police, Poonamallee at

No. 78, Victoria Road, Poonamallee, Chennai – 600 056 (in short,

'property / property in question'). The vacant site adjoining the

property is stated to be utilized by the lessees for parking of their

vehicles.

3.

The petitioner appears to have been of the view that he

was entitled to enhanced rent and thus has been corresponding with

the police authorities in this regard. On 04.03.2015, a

representation was made to the Director General of Police seeking

sanction of enhanced rent which, according to the petitioner, was

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W.P.No.21626 of 2017

pending till 2001. On 10.04.2015, an application was sent under the

provisions of the Act. On 14.05.2015, some information was

supplied to the petitioner which, learned counsel for the

respondents will concede, was incomplete.

4.

An appeal was filed by the petitioner on 23.05.2015 and

additionally some information was filed on 08.04.2015 which also

did not satisfy the petitioner as it is, according to him also

incomplete. To be noted, in the aforesaid order dated 08.04.2015,

the information furnished is as follows:-

“Queries

Remarks

1

A copy of letter dated 20.08.2014 of the Joint

Commissioner of Police, West Zone, Chennai is enclosed.

2

A copy of letter No.164581/Bldg II(2)/2010, dated

27.09.2014 is enclosed.

3

The above subject is dealt with in the building section of

Chief Officer Administrative Officer : Tmt.E.S.Indra, O/o

the DGP,Chennai

4 & 5

The said file contains 355 pages. Hence the petitioner is

requested to pay Rs.2 per page for providing the

information.

2.It is also requested that the above fact may be informed to the

petitioner.”

5.

Dis-satisfied with aforesaid information, a second appeal

was filed on 25.06.2015 during the pendency of which information

was furnished on 11.06.2015 as follows:-

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W.P.No.21626 of 2017

Information

sought

for

S.Nos.

Information furnished

2

In this connection, a memo was sent to COP, Greater

Chennai on 25.05.2015 requesting to send certain

details for sanctioning of rent.