Madras High Court
M.Sivakumar vs The District Collector on 21 June, 2022
W.A.(MD)No.566 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2022
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD)No.566 of 2022
and
C.M.P.(MD)Nos.4902 to 4904 of 2022
M.Sivakumar ... Appellant
Vs.
1.The District Collector, Karur District, Karur.
2.The Superintendent of Police, Karur District, Karur.
3.The Deputy Superintendent of Police, Karur District, Karur.
4.The Sub Inspector of Police, Velliyanai Police Station,
Karur District, Karur.
5.The District Child Protection Officer,
District Child Protection Office,
Karur District, Karur.
6.S.Sathish Kumar
7.M.Ganesan ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent to set
aside the order passed by this Court in W.P(MD)No.90 of 2022,
dated 31.03.2022.
1/7
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W.A.(MD)No.566 of 2022
For Appellant :Mr.V.Thirumal
For R1 to R5 :Mr.J.Ashok
Additional Government Pleader
***
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
This appeal is directed against the order passed by the
learned Single Judge of this Court in W.P(MD)No.90 of 2022, dated
31.03.2022, dismissing the Writ Petition filed by the appellant.
2.Heard Mr.V.Thirumal, learned Counsel for the appellant
and Mr.J.Ashok, learned Additional Government Pleader, who takes
notice on behalf of the respondents 1 to 5. By consent of both
parties, the Writ Appeal is taken up for final disposal at the
admission stage itself.
3.The appellant filed a Writ Petition in W.P.(MD)No.90 of
2022 to quash the impugned order passed by the fifth respondent,
namely, the District Child Protection Officer, dated 05.05.2021 and
to direct the fifth respondent to furnish a copy of the complaint to
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W.A.(MD)No.566 of 2022
the respondents 1 to 4 for the purpose of further investigation
against the unknown persons, who had given complaint against the
appellant/Writ Petitioner.
4.It is the case of the appellant that he got married with
one Saraswathi on 20.09.2009 and his wife got conceived and gave
birth to a male child on 09.04.2020. It is the grievance of the
appellant that he was harassed by the respondents on the basis of
the complaint given by unknown persons in the neighbourhood to
the effect that the appellant had kidnapped the child from
Anaimalai, Pollachi and growing the child in the appellant's house,
as if the child is the appellant's own child and was born to his wife.
Though the said complaint was enquired and ultimately found that
it is false, the appellant appears to have filed a petition under the
Right to Information Act, 2005, to get the copy of the complaint and
the name of the persons, who had lodged the said complaint. It is
also represented that the said information is required for him to
prosecute those, who had made the appellant to suffer. However,
the petition filed by the appellant was rejected by the fifth
respondent, vide order, dated 05.05.2021. Challenging the same,
the appellant has filed the above Writ Petition in W.P(MD)No.90 of
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W.A.(MD)No.566 of 2022
2022.
5.The learned Single Judge, while taking note of the fact
that the appellant/Writ Petitioner had filed a second appeal as
against the order of the fifth respondent refusing to furnish the
information sought for by him, dismissed the Writ Petition by
referring to the stand taken by the respondents, to the effect that
information sought for by the appellant/Writ Petitioner under the
Right to Information Act, 2005, about the details of the complaint
need not be furnished to the appellant/Writ Petitioner. Challenging
the same, the above Writ Appeal is filed.
6.This Court, taking note of the fact that the appellant had
filed a second appeal, which is a statutory remedy is of the view
that it is not permissible to entertain a Writ Petition, as the
appellant cannot seek parallel remedy. This Court is also is of the
view that this Writ Appeal can be dismissed with liberty to the
appellant to prosecute his appeal filed under the Right to
Information Act, 2005, before the Tamil Nadu State Information
Commission uninfluenced by any of the observations made by the
learned Single Judge in the order made in W.P.(MD)No.90 of 2022.
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W.A.(MD)No.566 of 2022
7.Accordingly, this Writ Appeal is dismissed. However, it is
open to the appellant to pursue his appellate remedy, as provided
under the Right to Information Act, 2005. It is made clear that the
appellate forum shall decide the appeal purely on merits
uninfluenced by any of the observations made by the learned Single
Judge with regard to the entitlement of the appellant to get the
informations sought for by him. No costs. Consequently, connected
miscellaneous petitions are closed.
8.Registry is directed to send a copy of this order to the
Tamil Nadu State Information Commission.
[S.S.S.R., J.] [R.V., J.]
21.06.2022
Index : Yes / No
cmr
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.566 of 2022
To
1.The District Collector, Karur District, Karur.
2.The Superintendent of Police, Karur District, Karur.
3.The Deputy Superintendent of Police, Karur District, Karur.
4.The Sub Inspector of Police, Velliyanai Police Station,
Karur District, Karur.
5.The District Child Protection Officer,
District Child Protection Office,
Karur District, Karur.
6.The Chairman,
Tamil Nadu State Information Commission,
Chennai.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.566 of 2022
S.S.SUNDAR, J.
and
R.VIJAYAKUMAR, J.
cmr
W.A(MD)No.566 of 2022
21.06.2022
https://www.mhc.tn.gov.in/judis
