Madras High Court
M.Thanumoorthy vs The State Information ... on 9 March, 2021
W.P(MD)No.5022 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P(MD)No.5022 of 2021
M.Thanumoorthy ...Petitioner
Vs
1. The State Information Commissioner,
Tamil Nadu Information Commission,
Chennai.
2. The Appellate Authority /
Public Information Officer
The District Educational Officer,
Tenkasi.
3. The Public Information Officer,
St.Michael Girls Higher Secondary School,
Tenkasi, Tenkasi District. ... Respondents
PRAYER:Writ Petition filed under Article 226 of the Constitution of
India, praying to issuance of a writ of certiorarified mandamus, to call for
records pertaining to the order passed by the 1st respondent in S.A.
8919/2017 & SA.10367/D/2019, dated 15.12.2020 quash the same and
consequently direct the 3rd respondent to furnish information to the
petitioner on his application within a time frame fixed by this Court.
1/8
http://www.judis.nic.in
W.P(MD)No.5022 of 2021
For Petitioner : Mr.D.Geetha
For respondent : Mr.K.K.Senthil,
No.1
For respondent : Mr.J.Gunaseelan Muthaiyah,
Nos.2 & 3 Additional Government Pleader
ORDER
The petitioner claims to be a retired Government servant and
engaged himself in social activities. The grievance of the petitioner
herein is that he made an application to the 3rd respondent under the
Right to Information Act, seeking information regarding educational tour
scheduled by the St.Michael Girls Higher Secondary School, Tenkasi,
Tenkasi district by paying necessary fee. However, the 3rd respondent
refused to furnish the information sought on the ground that the
information is not qualified to be in public interest as per Section 8 of the
Right to Information Act.
http://www.judis.nic.in
W.P(MD)No.5022 of 2021
2.The petitioner therefore, preferred an appeal before the 2nd
respondent on 11.09.2017. According to the petitioner that the 2nd
respondent directed the 3rd respondent to provide the information, which
was not acceded to. Therefore, he had finally approached the
1st respondent with S.A.No.8919/D/2017 and the 1st respondent on
14.05.2018 directed the 3rd respondent to appear in the next date of
hearing and the appeal was also adjourned from time to time. In the
meanwhile, the petitioner had submitted another application seeking
information regarding the strength and fee particulars of the 3rd
respondent school. Even the present information sought by the petitioner
has not been forthcoming, therefore the petitioner had to approach the
appellate authority once again.
3.Ultimately, the order was passed by the appellate authority on
15.12.2020 rejecting the appeal of the petitioner and challenging the
same the petitioner is before this Court.
http://www.judis.nic.in
W.P(MD)No.5022 of 2021
4.The learned Counsel appearing for the petitioner reiterated the
above facts and submitted that the information, which has been sought by
the petitioner cannot be denied, as it is required in order to expose some
misdeed of the school.
5.When this Court has perused the order passed by the 1st
respondent, it is seen that the petitioner has been campaigning against the
reputation of the school and in fact several attempts had been made by
the authority to contact petitioner through telephone, in view of
COVID-19 situation, the petitioner cannot be contacted at all. Moreover,
it also appears from the order impugned that on obtaining information
from the official concerned, the 1st respondent has come to the right
conclusion that the petitioner has been needlessly spreading rumours
against the reputation of the institution with malicious intention and
therefore, the appeal was ordered to be closed.
6.In view of the above averments of the 1st respondent, this Court
is not inclined to entertain this writ petition, as the petitioner appears to
http://www.judis.nic.in
W.P(MD)No.5022 of 2021
be mischievous person, claiming himself to be a retired government
servant involved in social activities.
7.First of all this Court is not able to appreciate as to how the writ
petitioner is interested in getting the information in regard to the 3rd
respondent school. Although, the issue of locus standi would not apply
per se in the RTI proceedings, in a recent judgment the Hon'ble Supreme
Court has held that in certain matters, such an issue would also be
relevant, if any Court finds that the information sought is to be used for
malicious purpose and in fact the Hon'ble Supreme Court has held that
there is difference between what is public interest and what is interesting
to public. Even otherwise, the RTI Act cannot be allowed to be abused
for achieving nefarious ends and in that process no citizen will be
allowed to involve in any illegitimate information seeking for achieving
collateral purposes.
8.For the above reasons, this Court is of the view that cost should
be imposed on the petitioner for approaching this Court with unclean
http://www.judis.nic.in
W.P(MD)No.5022 of 2021
hands.
9.For the above said reasons, the writ petition is dismissed with
costs of Rs.5,000/- [Rupees Five Thousand Only] and the writ petitioner
is directed to pay the cost within a period of two weeks from the date of
receipt of a copy of this order to the Hon'ble Chief Minister's relief fund
for treating COVID-19 patients and in case the petitioner does not pay
the cost within two weeks, the District Collector concerned is directed to
initiate proceedings under the Revenue Recovery Act, for recovering the
amount and to pay the COVID-19 relief as directed above.
10.Registry is directed to mark a copy of the order to the District
Collector concerned, so as to enable him to take action against the
petitioner in case the petitioner does not pay within a period stipulated.
Index : Yes/No 09.03.2021
Internet : Yes/No
dsk
http://www.judis.nic.in
W.P(MD)No.5022 of 2021
To
1. The State Information Commissioner,
Tamil Nadu Information Commission,
Chennai.
2. The Appellate Authority /
Public Information Officer
The District Educational Officer,
Tenkasi.
Copy To
The District Collector,
Tenkasi.
http://www.judis.nic.in
W.P(MD)No.5022 of 2021
V.PARTHIBAN, J.
dsk
W.P(MD)No.5022 of 2021
09.03.2021
http://www.judis.nic.in
