T.Malaithai vs The Central Information ...
2023 Latest Caselaw 7992 Mad

                                                                         W.A.No.1453 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 10.07.2023

                                                    CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                      AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1453 of 2023

                     T.Malaithai                                    ..    Appellant

                                                      Vs.

                     1. The Central Information Commissioner
                        Central Information Commission
                        R.No.326, C – Wing, 2nd Floor
                        August Kranthi Bhavan
                        Bhikaji Vcama Placa
                        New Delhi – 110 066.

                     2. The State Information Commissioner
                        Tamil Nadu Information Commission
                        No.2, Theagaraya Salai
                        Near Aalai Amman Koil
                        Teynampet, Chennai 600 018.

                     3. The Public Information Officer cum
                         Commissioner of Police
                        Palayamkottai, Thiruvelveli.                ..    Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order passed in W.P.No.59 of 2018 dated 13.01.2020.

                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.1453 of 2023




                                      For the Appellant       : Ms.R.S.Maitreya

                                      For the Respondents     : Mr.P.Muthukumar
                                                                State Government Pleader
                                                                assisted by Mrs.R.Anitha
                                                                Special Government Pleader
                                                                for R2 & R3


                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

Heard Ms.R.S.Maitreya, learned counsel for the appellant and

Mr.P.Muthukumar, learned State Government Pleader assisted by

Mrs.R.Anitha, learned Special Government Pleader for respondents

2 and 3.

2. The appellant is challenging the order passed by the

learned Single Judge dismissing the writ petition, where, the

petitioner / appellant is challenging the order passed by the State

Information Commissioner, thereby rejecting the application of the

petitioner / appellant for information.

https://www.mhc.tn.gov.in/judis W.A.No.1453 of 2023

3. Learned counsel for the appellant submits that the

appellant is independently entitled for the information under the

provisions of the Right to Information Act, 2005. The reason given

is erroneous.

4. The husband of the appellant has sought for the

information in the year 2015 with regard to the selection process to

the post of Police Constable Grade II, conducted in the year

1989-1990. The information was given that he had not duly passed

the examination and that the other information sought by him are

the informations relevant to the period 25 and 17 years ago and

since the documents were destroyed by that time, the same could

not be provided.

5. Now, again the wife asking the same information is

certainly not warranted. The selection process had taken place

thirty three years back.

https://www.mhc.tn.gov.in/judis W.A.No.1453 of 2023

6. In the light of that, no error has been committed by the

learned Single Judge. The writ appeal, as such, is dismissed. There

will be no order as to costs.

                                                             (S.V.G., CJ.)             (P.D.A., J.)
                                                                             10.07.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     drm

https://www.mhc.tn.gov.in/judis W.A.No.1453 of 2023

To

1. The Central Information Commissioner Central Information Commission R.No.326, C – Wing, 2nd Floor August Kranthi Bhavan Bhikaji Vcama Placa New Delhi – 110 066.

2. The State Information Commissioner Tamil Nadu Information Commission No.2, Theagaraya Salai Near Aalai Amman Koil Teynampet, Chennai 600 018.

3. The Public Information Officer cum Commissioner of Police Palayamkottai, Thiruvelveli.

https://www.mhc.tn.gov.in/judis W.A.No.1453 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm)

W.A.No.1453 of 2023

10.07.2023

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