The Public Information Officer vs Thulasimani Marbalagan
2022 Latest Caselaw 15135 Mad

                                                                                 W.P(MD)No.10112 of 2013



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 09.09.2022

                                                    CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.P(MD)No.9323 of 2013
                                                    and
                                             M.P(MD).No.1 of 2013

                     1.The Public Information Officer,
                       Thoothukudi City Municipal Corporation,
                       Thoothukudi.

                     2.The Commissioner,
                       Thoothukudi City Municipal Corporation,
                       Thoothukudi.                                    ... Petitioner
                                                  Vs.

                     1.Thulasimani Marbalagan

                     2.The President,
                       District Consumer Redressal Forum,
                       Tuticorin.                                     ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Certiorari, to call for the
                     impugned records on the file of the second respondent in C.C.No.117 of
                     2011 dated 17.05.2012 and to quash the same.
                                     For Petitioner  : Mr.N.Anandakumar
                                     For Respondents : No Appearance




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https://www.mhc.tn.gov.in/judis
                                                                                           W.P(MD)No.10112 of 2013



                                                        ORDER

The present petition has been filed challenging an award

passed by the District Consumer Redressal Forum, Tuticorin. The

petitioner is a Public Information Officer of Tuticorin City Municipal

Corporation. In the present writ petition, the award passed by the District

Consumer Redressal Forum as against a Public Information Officer is

under challenge.

2. The learned Counsel for the petitioner relied upon a judgment

rendered by National Consumer Disputes Redressal Commission

reported in 2015 SCC OnLine NCDRC 2. In Paragraph No.25 of the

said judgment, the National Consumer Disputes Redressal Forum

Commission has held as follows:

“25.For the reasons stated hereinabove, we hold that

(i) the person seeking information under the provisions of RTI Act cannot be said to be a consumer vis-a-vis the Public Authority concerned or CPIO/PIO nominated by it and (ii) the jurisdiction of the Consumer Fora to intervene in the matters arising out of the provisions of the RTI Act is barred by necessary implication as also under the provisions of Section 23 of the said Act. Consequently no complaint by a person alleging deficiency in the services rendered by the CPIO/PIO

https://www.mhc.tn.gov.in/judis W.P(MD)No.10112 of 2013

is maintainable before a Consumer Forum.”

3. In view of the aforesaid judgment, a District Consumer

Redressal Forum has no jurisdiction, whatsoever to entertain a consumer

complaint as against the Public Information Officer. However, without

jurisdiction, District Consumer Redressal Forum has accepted the

complaint and passed an award on 17.05.2012. The award is without

jurisdiction.

4. Hence, the impugned award is set aside. This writ petition is

allowed. No costs. Consequently, connected Miscellaneous Petition is

closed.

                                                                                 09.09.2022


                     Index              :     Yes / No
                     Internet           :     Yes / No
                     vsg

https://www.mhc.tn.gov.in/judis W.P(MD)No.10112 of 2013

R.VIJAYAKUMAR ,J.

vsg

Order made in W.P(MD)No.9323 of 2013

Dated:

09.09.2022

https://www.mhc.tn.gov.in/judis