Case No. Sa 761/A/2017

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Case No. Sa 761/A/2017 1 TAMILNADU INFORMATION COMMISSION No.2, Thiyagaraya Road, Teynampet, Chennai 600 018. Tel: 24357580 DATE OF ORDER – 25.02.2019 PRESENT Thiru. R.DAKSHINAMURTHY, B.Sc., B.L., STATE INFORMATION COMMISSIONER CASE NO. SA 761/A/2017 Thiru Mohammed Anas ... Appellant No.9, Methamarpalayam Keelaputhu Street, Melapalayam Tirunelveli – 627 005. /Vs/ Public Information Officer Superintendent of Wakf Chennai Zone No.139, Dr. Besant Road Public Authority Ice House, Triplicane Chennai – 600 005. Order The Appellant Thiru. Mohammed Anas is absent for today’s enquiry . As per Tamil Nadu Information Commission (Appeal Procedure Rules, 2012) Rule 7 (1), the present of the petitioner is mandatory. The Public Authority is represented by Thiru S. Khader Sheriff, Inspector of Wakf / Superintendent, Chennai Zone, Ice House, Chennai – 5. 2 2. The petitioner has sent a petition dt.05-10-2016 under Section 6(1) of the RTI Act, 2005, to the Public Information Officer, Tamil Nadu Wakf Board, Chennai- 1, asking for the following information. “ I request that the following information may kindly be furnished under Right to Information Act, 2005 for which I have affixed court fee stamp for value of Rs.10/- towards fee prescribed under the Act. I have enclosed a copy of extract from the Town Survey Land Register, issued by the Tahsildar, Mambalam-Guindy Taluk, Chennai. The details of property mentioned below. Village Mambalam Taluk Mambalam Guindy Survey No. 35 Block 37 Extent 2236 sq.ft. Address Door No.32/67, East Jones Road Saidapet, Chennai. Name of the owner Mrs. A. Zainab Ayub Whether the above said property belongs to Wakf Board or Mrs. Zainab Ayub. Kindly furnish the information under Right to Information Act 2005.” 3. To the above petition, the Assistant Secretary II, Tamil Nadu Wakf Board, Chennai has sent a letter dt.14-10-2016 to the petitioner stating that the Wakf Superintendent / District Information Officer, Chennai, has been directed to furnish the information. Not getting any response, the petitioner has sent a letter dt.28-10-2016 to the Superintendent / District Information Officer, Tamil Nadu Wakf Board, Chennai, requesting to furnish the information at the earliest. Not getting any response, he has filed a first appeal under Section 19 (1) dt.17-11-2016 to the Appellate Authority, Chief Executive Officer, Tamil Nadu Wakf Board, Chennai, requesting to furnish the correct information sought for by him in his petition dt.05-10-2016 by considering all the documents submitted at the earliest. To the appeal, the District Revenue Officer / Chief 3 Executive Officer / Appellate Authority vide his letter dt.24-11-2016 to the petitioner has stated that the PIO vide letter dt.14-10-2016 has directed the District Information Officer / Wakf Superintendent, Chennai to furnish the information and the District Information Officer, has not furnished the information till date. The District Information Officer / Wakf Superintendent, Chennai is directed to furnish the information to the petitioner within 10 days from the date of receipt of the order. After that, the petitioner has sent a reminder dt.22-12-2016 to the District Information Officer / Superintendent of Wakfs, Chennai for supplying the information to him. The Superintendent of Wakfs, Chennai Zone, has sent a letter dt.20-12-2016 to the petitioner stating that there is no information available about Mrs. Zainab Ayub in their office and it may be clarified from Jones Road Mosque authority. Dissatisfied, the petitioner sent a letter dt.03-01-2017 to the District Information Officer / Superintendent of Wakfs, Chennai, and stated that the reply given is not correct and requested to furnish the correct information to him. Not getting the information even thereafter, the petitioner/appellant has sent a second appeal dt.28-01-2017 under Section 19 (3) of the RTI Act, to this Commission requesting the Commission to issue necessary orders to District Information Officer, Tamil Nadu Wakf Board, Chennai zone to furnish the correct information for the petition dt.05-10-2016. 4. For today’s enquiry, the petitioner is absent. On behalf of the Public Information Officer, one Thiru S. Khader Sheriff, Inspector of Wakf, has appeared and informed that due to some urgent election related works, the PIO is unable to attend the hearing today. 5. A perusal of the records available before this Commission, the information sought for by the petitioner and the information supplied to him, would clearly show that in spite of the orders by the Public Information officer through his letter dt.14-10- 2016 directing the Wakf Superintendent / District Information Officer, to supply the information, the said District Information officer, has failed to supply the information to the petitioner till date. The petitioner sought for the information regarding the ownership of the property giving the survey numbers and other particulars. It can be 4 furnished on perusal of the available records by the Public Authority. But so far the information was not at all furnished to the petitioner and an incorrect reply was furnished. During today’s enquiry, the Inspector of Wakf, has assured that they are ready to furnish the information as per the records to the petitioner. Hence, the Commission passes the following orders :- The Public Information Officer is hereby directed to furnish the correct and complete information as per the records, to the petitioner, within 15 days from the date of receipt of this order, free of cost, by registered post with acknowledgement due, and send a compliance report within 30 days to this Commission. (Sd/- (R. DAKSHINAMURTHY) STATE INFORMATION COMMISSIONER (BY ORDER OF THE COMMISSION) ASSISTANT REGISTRAR CASE NO. SA 761/A/2017 To PUBLIC AUTHORITY Public Information Officer Superintendent of Wakf Chennai Zone No.139, Dr. Besant Road Ice House, Triplicane Chennai – 600 005. APPELLANT Thiru Mohammed Anas No.9, Methamarpalayam Keelaputhu Street, Melapalayam Tirunelveli – 627 005. RS/PS 26.02.2019 .
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