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[Cites 2, Cited by 0]

Madras High Court

M/S.Chennai Metro Rail Limited vs Thiru.S.T.Tamil Kumar on 26 August, 2025

                                                                                     W.P.No.5558 of 2022


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 26.08.2025

                                                       CORAM :

                                  THE HONOURABLE MRS.JUSTICE N.MALA

                                               W.P.No.5558 of 2022
                                                     and
                                               W.M.P.No.5661 of 2022

                M/s.Chennai Metro Rail Limited,
                Rep by CGM (Legal),
                CMRL Depot, Admin Building,
                Poonamalle High Road,
                Koyambedu,
                Chennai – 600 107.                                                      ... Petitioner

                                                               Vs.

                1.Thiru.S.T.Tamil Kumar,
                  Tamil Nadu Information Commission,
                  Block No.19, Government Farm Village,
                  Panepet, Nandanam,
                  Chennai – 600 035.

                2.Thiru.V.K.Muthurasu                                                ... Respondents



                Prayer: Writ Petition filed under Article 226 of the Constitution of India, for

                issuance of a Writ of Certiorari, to call for the records of the 1st respondent in

                proceedings dated 04.01.2022 in SA.No.11111/F/2020 (SA 1260/F/2020) and

                quash the same.

                1/6



https://www.mhc.tn.gov.in/judis            ( Uploaded on: 01/09/2025 04:38:04 pm )
                                                                                             W.P.No.5558 of 2022




                                  For Petitioner                    : Mr.P.S.Raman
                                                                      Advocate General Asst.by
                                                                      Mr.B.Vijay
                                                                      Additional Government Pleader

                                  For Respondents                   : Mr.C.Vigneswaran
                                                                      for R1
                                                                      Mr.M.J.Nissar Ahmed
                                                                      for R2


                                                                 ORDER

This Writ Petition is filed to quash the order passed by the first respondent in proceedings dated 04.01.2022 in SA.No.11111/F/2020 (SA 1260/F/2020).

2. The learned Advocate General appearing for the petitioner would submit that the second respondent filed RTI application for want of CCTV footages recorded on 06.10.2019 in Central Metro Station from 10.15 pm to 10.45 pm. The then Public Information Officer informed the applicant that the CCTV footage are meant for internal security and cannot be provided under the RTI Act.

2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2025 04:38:04 pm ) W.P.No.5558 of 2022

3. Aggrieved by the same, the second respondent approached the first respondent vide appeal dated 14.10.2020. The first respondent passed an order directing the petitioner (CMRL) to furnish the information sought for by the second respondent on 24.10.2020. The CMRL stated that the footages will be automatically deleted after expiry of thirty days.

4. Once again, the second respondent approached the first respondent in yet another SA dated 03.12.2020 and on 10.03.2021, the first respondent passed an order directing the petitioner/CMRL to furnish the required footage to the second respondent under RTI and CMRL provided a detailed representation on 27.03.2021 to the first respondent explaining the reason for not providing the footage.

5. The learned Advocate General would further submit that second respondent vide order dated 04.01.2022 received by the CMRL on 10.02.2024 imposed the maximum fine of Rs.25,000/- to be recovered from the then PIO and to deposit the same in Government Account and submit a report for such deposit within a period of 30 days. It is further directed the CMRL to furnish 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2025 04:38:04 pm ) W.P.No.5558 of 2022 the detailed report to the applicant within a period of seven days with acknowledgement card and to submit a proof to that effect.

6. He would further submit that CMRL stations being public places are strategic and sensitive. The CCTV footages would easily show sensitive information such as the volume of the flow of the commuters, entry exit points, structure of constructed spaces & other strategic points. Handing over of such footages in a casual manner poses a serious threat to the safety of public as well as result in unlawful invasion of the privacy of the individuals in the footage.

7. The learned counsel appearing for the first respondent would submit that already the second respondent had filed S.A-1225/SCIC/2020 and the Information Commission by an order dated 14.03.2024 has directed the Public Information Officer/Director General of Police, Office of the DGP, Chennai – 4, in which he has been directed to furnish informations sought by the appellant (second respondent herein) and the same has to be informed to the State Information Commission.

8. Heard both sides and perused the materials available on record. 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2025 04:38:04 pm ) W.P.No.5558 of 2022

9. The petitioner/CMRL had denied the informations sought for by the second respondent on the ground that the CCTV footages which are meant for internal security cannot be provided under RTI Act. The CMRL stations being public places are strategic and sensitive. The CCTV footages would easily show sensitive information such as the volume of the flow of the commuters, entry exit points, structure of constructed spaces & other strategic points. Handing over of such footages in a casual manner poses a serious threat to the safety of public as well as result in unlawful invasion of the privacy of the individuals in the footage.

10. In view of the above factual matrix of this case, the order passed by the first respondent in his proceeding No.SA1260/F/2020 dated 14.10.2020 is liable to be quashed and accordingly the same is hereby quashed.

11.Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

26.08.2025 Index : Yes/No Speaking Order/Non-Speaking Order dpq/jas 5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2025 04:38:04 pm ) W.P.No.5558 of 2022 N. MALA, J.

dpq/jas To Thiru.S.T.Tamil Kumar, Tamil Nadu Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai – 600 035.

W.P.No.5558 of 2022

and W.M.P.No.5661 of 2022 26.08.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/09/2025 04:38:04 pm )