W.P.No.34991 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.01.2025 CORAM THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.34991 of 2024 and W.M.P.No.37942 of 2024 D.Vijayalakshmi ... Petitioner Vs. 1. State Rep. by The State Information Commissioner, Tamil Nadu Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai – 600 035. 2. The Appellate Authoirty/ Commissioner of Police, RTI Act, Police Commissioner Office, Coimbatore – 641 018. 3. R.Sughasini, Public Information Officer/ Deputy Commissioner of Police, RTI Act, Police Commissioner Office, Coimbatore – 641 018. Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34991 of 2024 4. The Inspector of Police, Law and Order, B-3 Police Station, Variety Hall Road, Coimbatore – 641 001. 5. The Principal Secretary, Public Department (Law & Order.B) Secretariat, Chennai – 600 009. … Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling the records of the impugned order dated 22.07.2024 passed by the first respondent in case number S.A.2595/SCIC/2024 and quash the same as illegal and arbitrary and subsequently pass orders directing the first respondent to punish the third respondent U/s. 20(1) and 20(2) of RTI Act for willfully provided mala-fide and misleading information for the petitioner's RTI application dated 24.12.2023, within the time fixed by this Court. For Petitioner : Mrs.D.Vijayalakshmi Party-in-person For Respondents For R1 : Mr.C.Vigneswaran Standing Counsel For R2 & R5 : Mr.S.J.Mohamed Sathik Government Advocate For R4 : Mr.L.Baskaran Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis W.P.No.34991 of 2024 ORDER This writ petition has been filed in the nature of a Certiorarified Mandamus calling for the records of the orders dated 22.07.2024 passed by the first respondent, the State Information Commissioner, Tamil Nadu Information Commission, Chennai, in case number S.A.2592/SCIC/2024 and quash the same and to punish the third respondent for willfully providing misleading information on the Right to Information Act application of the petitioner. 2. Since there are litigations pending questioning the right, title and interest of the petitioner over a particular property with the petitioner asserting title and rival claimants questioning such assestion, it may not be proper on the part of this Court to enter into a discussion relating to the right of the writ petitioner over the property. The grievance is that in front of the petitioner's property a Vinayagar Idol was put up during Vinayagar Chathurthi festival in the year, 2023. After the period of festivals, the Vinayagar Idol was immersed in the water. Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34991 of 2024 3. The petitioner had raised two questions. “nfs;tp 1: nkw;go rpiy itj;jJ rk;ge;jkhf bghJ (rl;lk; kw;Wk; xG';F) Jiw fle;j 09/08/2018 md;W btspapl;l murhiz go fhty; cjtp Mizauplk; mspf;fg;gl;l mDkjp tpz;zg;gk; (mizj;J Mtz';fSld;) cz;ik efy; jut[k; nfs;tp 2: nkw;go rpiy itj;jJ rk;ge;jkhf bghJ (rl;lk; kw;Wk; xG';F) Jiw fle;j 09/08/2018 md;W btspapl;l murhiz go fhty; cjtp Mizau; mspj;j cj;jutpd; cz;ik efy; jut[k;” 4. A rough translation of question No.1 is that the petitioner had sought information about the application seeking permission to put up the Vinayagar Idol and a rough translation of question No.2 is that the petitioner had sought the order of the Deputy Commissioner on the said application. The information which was provided to the petitioner were as follows :- https://www.mhc.tn.gov.in/judis W.P.No.34991 of 2024 “nfs;tp 1: jh';fs; nfhhpa tpehafh; rpiy itf;fg;gLtjw;F nfhit khefu gp3 tp/vr;/nuhL fhty; epiya Ma;thshplk; Mtz';fspd;wp mspf;fg;gl;l mDkjp tpz;zg;gj;jpd; efy; nkw;go fhty; epiya Ma;thsuhy; rhd;wpl;L bgwg;gl;L ,j;Jld; ,izj;J mDg;gg;gLfpwJ/ nfs;tp 2: nkw;go rpiy itg;gJ rk;ge;jkhf nfhit khefu cf;flk; ruf fhty; cjtp Mizahsuhy; mspf;fg;gl;l cj;jputpd; efy; rhd;wpl;L bgwg;gl;L ,j;Jld; ,izj;J mDg;gg;gLfpwJ/ A rough translation is that the informations are provided. 5. The petitioner is deeply aggrieved by the answers given. According to the petitioner, the application for putting up a Vinayagar Idol and the order passed on such application be in conformity with G.O.Ms.598 Public (Law & Order. B) Department dated 09.08.2018, wherein various guidelines have been given as to when permission could be sought for to put up a Vinayagar idol and the nature of the order that could be passed. It is the https://www.mhc.tn.gov.in/judis W.P.No.34991 of 2024 grievance of the petitioner that the order passed by the Deputy Commissioner was not in conformity with the above Government Order. 6. But examination of the nature of the order is beyond the scope of this Court in this writ petition. Answers had been provided for the questions raised by the petitioner. If the petitioner is aggrieved with the nature of the order granting permission to put up the Vinayagar Idol by any authority, she is always at liberty to challenge that order in the manner known to law in proper proceedings. 7. The writ petition therefore stands disposed of by recording the fact that the respondents had furnished the information available with them. They have furnished the copy of the application and the only document filed along with the application. They had also furnished the order of the Deputy Commission passed on such application. The only document filed along with the application was the list of individuals who wanted to put up the Vinayagar Idol. No further documents had been filed along with the said application. Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34991 of 2024 8. The Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 07.01.2025 Index:Yes/No Neutral Citation : Yes/No Speaking/Non Speaking order rts To 1. The State Information Commissioner, Tamil Nadu Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai – 600 035. 2. The Appellate Authoirty/ Commissioner of Police, RTI Act, Police Commissioner Office, Coimbatore – 641 018. 3. The Public Information Officer/ Deputy Commissioner of Police, RTI Act, Police Commissioner Office, Coimbatore – 641 018. Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34991 of 2024 C.V.KARTHIKEYAN, J. rts 4. The Inspector of Police, Law and Order, B-3 Police Station, Variety Hall Road, Coimbatore – 641 001. 5. The Principal Secretary, Public Department (Law & Order.B) Secretariat, Chennai – 600 009. W.P.No.34991 of 2024 and W.M.P.No.37942 of 2024 07.01.2025 https://www.mhc.tn.gov.in/judis