Madras High Court
The Managing Director And ... vs M.Loganathan on 6 January, 2023
W.A.No.46 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.46 of 2023
1.The Managing Director and Appellate Authority,
Tasmac, Chennai-600 008.
2.The Public Information Officer-cum-
Chief General Manager,
4th Floor, CMDA Tower-II,
Egmore, Chennai-600 008. ..
Appellants
Vs
1.M.Loganathan
2.Tamil Nadu Public Information Commission,
No.2, Sir Thiyagaraya Road,
Eldams Road, Teynampet,
Chennai-600 018. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 2.12.2022 passed in W.P.No.32329 of 2017.
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W.A.No.46 of 2023
For the Appellants : Mr.R.Shunmugasundaram
Advocate-General
assisted by
Mr.K.Sathish Kumar
Standing Counsel
For the Respondents : Mr.R.Suresh Kumar
for M/s.K.M.Vijayan Associates
for respondent No.1
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This writ appeal has been directed against the impugned
interim order dated 2.12.2022 passed by the learned Single Judge in
W.P.No.32329 of 2017, whereby the appellants were directed to
provide the information sought for in Column 2 in a sealed cover
before the court to take a decision as to whether furnishing of such
information is within the exception of commercial interests or not.
2. Mr.R.Shunmugasundaram, learned Advocate General
appearing for the appellants, submitted that TASMAC is purchasing
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W.A.No.46 of 2023
liquor from various manufacturing companies within the State at
different rates, which is an information involving commercial
confidence and trade secret, and revealing of such information
without the consent of the respective manufacturers will create
unnecessary litigation between the TASMAC and the manufacturers.
It is further submitted that the information directed to be provided is
protected under Section 8(1)(d) of the Right to Information Act,
2005.
3. Learned Advocate General further submitted that the
appellants are not against furnishing of the required information in a
sealed cover to the court, but their only apprehension is that if the
contents of the information so provided in the sealed cover are
reduced to writing, such protected information will become a public
document and would have the propensity of harming the competitive
commercial interests of TASMAC as well as third parties.
4. A perusal of the impugned interim order makes it clear that
in order to find out as to whether there is any commercial
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W.A.No.46 of 2023
confidence involved in the information or not, the learned Single
Judge had directed the appellants to provide the information sought
for in Column 2 in a sealed cover. Merely based on the direction to
produce the information in a sealed cover, the appellants cannot
presume that the learned Single Judge would record the contents
thereof in the order. If any order is passed by the learned Single
Judge prejudicial to the rights of the parties, they can work out their
remedy in the manner provided under law.
For the foregoing reasons, the writ appeal is dismissed. There
will be no order as to costs. Consequently, C.M.P.No.468 of 2023 is
closed.
(T.R., ACJ.) (D.B.C., J.)
06.01.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
To
Tamil Nadu Public Information Commission,
No.2, Sir Thiyagaraya Road,
Eldams Road, Teynampet,
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W.A.No.46 of 2023
Chennai-600 018.
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W.A.No.46 of 2023
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.A.No.46 of 2023
06.01.2023
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