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Third party information -- is the following sustainable?


ukxgerard

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ukxgerard

Hi,

 

First of all I would like to thank the hard working and knowledgeable contributors to this site -- THANK YOU!

 

I would like to know if the following application to the Municipality is sustainable, i.e, what are my chances of getting the information requested.

 

Any thoughts are appreciated.

 

Rgds

 

Gerard

 

----------------

Municipality – 30th April, 2010

 

I am to state I am the sole owner of the property XX, Rue Dumas, Pondicherry 605 001, via a settlement deed 1966 of 2005 (enclosed).

 

I require information on a guest house known as the “FRENCH VILLA” located at XX, Rue Suffren – this business is run by one RM, the same tenant who is operating one “HOTEL DE PONDICHERRY” out of my premises on XX, Rue Dumas. My argument for disclosure of “third party” information (and therefore in the public interest) is to establish a pattern of willful deception & connivance on the part of RM as a person who repeatedly breaches his lease terms whilst still managing to fall outside the “radar” of the various governmental agencies that supply him with the necessary licensing to do business.

 

My understanding is the landlord (one MF) of the “FRENCH VILLA” originally had given the lease on residential terms, but RM during her extended absence in France made several structural alterations to building and “converted” it to a guest house cum hotel. I am further led to believe she has submitted a complaint letter with accompanying documentation to your department informing of the above and is seeking cancellation of the “FRENCH VILLA’S” trade license.

 

Therefore I require:

 

 

1. A summary of the complaint by MF

 

2. Copies of all relevant documentation including the original complaint letter/s and show-cause notice/s sent to RM (and his subsequent replies)

 

3. The current status of the “FRENCH VILLA’S” licensing, i.e, has the license been renewed or cancelled?

 

4. If cancelled on what basis has your department determined grounds for cancellation?

 

 

I have provided the relevant text pertaining to Third Party information as per the Right to Information Act, 2005:

 

11. (1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:

Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.

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lnkhandual

Gerard De Condappa,

you can ask for point 3 -Certified copies of trade licence issued for running “FRENCH VILLA” along with tems & conditions.

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