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TAMIL NADU INFORMATION COMMISSION No.2, Thiyagarayasalai (Near Aalaiamman Temple), Teynampet, Chennai – 600 018

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TAMIL NADU INFORMATION COMMISSION No.2, Thiyagarayasalai (Near Aalaiamman Temple), Teynampet, Chennai – 600 018 1 TAMIL NADU INFORMATION COMMISSION No.2, ThiyagarayaSalai (Near Aalaiamman Temple), Teynampet, Chennai – 600 018. Telephone: 24357580 Order Date : 26.10.2016 PRESENT Thiru R. DAKSHINAMURTHY, B.Sc., B.L., STATE INFORMATION COMMISSIONER ******** Case No. CP 1322/A/2015 & CP 284/A/2016 Thiru. S.I. Muthiah J/10, May Flower Garden Srinivasa Avenue Road .. PETITIONER Raja Annamalaipuram Chennai – 600 028. (1)The Public Information Officer / .. PUBLIC AUTHORITY Headquarters Deputy Tahsildar Taluk Office, Purasawalkam Taluk, No.3, Raja Muthiah Salai Chennai – 600 003. (2)The Public Information Officer / Headquarters Deputy Tahsildar Taluk Office, Poonamallee Taluk, Chennai District. ---- ORDER 1. In continuation of Order dated 30/05/2016 this case has been takenup for enquiry on 26.10.2016. Summons are sent to the petitioner/appellant Thiru. S.I. Muthiah and Public Information Officer / Headquarters Deputy Tahsildar, Purasawalkam Taluk, Chennai and Public Information Officer/Headquarters Deputy Tahsildar, Poonamallee Taluk, Chennai. The petitioner/appellant Thiru. S.I. Muthiah, is present for today’s enquiry. The 2 Public Authority represented by (1) Thiru. A. Prabakaran, Headquarters Deputy Tahsildar / Public Information Officer, Purasawalkam Taluk, Chennai (2) Tmt. P. Saraswathy, Headquarters Deputy Tahsildar / Public Information Officer, Poonamallee Taluk, Chennai are also present. 2. By Conducting enquiry on 30.05.2016 this Commission has passed the following Orders: (1) The Public Information Officer, Taluk Office, Poonamallee is directed to get the information for items 4 & 7 for Schedule I property by invoking Section 6 (3) of the RTI Act from the Collectorate, Tiruvallur and Poonamallee Municipality and to supply the same to the petitioner within 30 days from the date of receipt of this order. (2) The Public Information Officer, Taluk Office, Purasawalkam is directed to get the information for items 5 to 7 for Schedule II property by invoking Section 6 (3) of the RTI Act from the authorities concerned and to supply the same to the petitioner within 30 days from the date of receipt of this order. (3) The PIOs of Taluk Office, Poonamallee and Purasawalkam concerned are hereby directed to submit their written explanations as to why action should not be taken against them as per Section 20 (1) & (2) of the RTI Act for not furnishing the information within the time stipulated under the RTI Act, within 30 days from the date of receipt of this order. (4) Considering the delay in furnishing the information in part, filing of writ petition by the petitioner, this Commission orders a compensation of Rs.20,000/- (Rs.10,000/- each) to be paid by the Public Information Officers, Poonamallee Taluk Office and Purasawalkam Taluk Office, to the petitioner on or before 30-06-2016. CP 284/A/2016 Since the concerned PIO had failed to supply the information sought for by the Petitioner even after directions given by the Commission, the petitioner filed a complaint on 12.07.2016 before this Commission and the same is taken on file in CP 284/16. In his complaint, Petitioner prays to pass orders for the following reliefs: 1. Directing the Public Information Officer/Headquarters Deputy Tahsildar, Poonamallee Taluk, and Purasawalkam Taluk, Chennai to comply the orders of this Honourable Commission dated 30.05.2016. 2. Directing the Public Information Officer/Headquarters Deputy Tahsildar, Purasawalkam Taluk, Chennai and the Public Information Officer/Headquarters Deputy Tahsildar, Poonamallee Taluk, Chennai to pay additional compensation for the delay in furnishing information and dispensation of Compensation. 3. Directing the Public Information Officer/Headquarters Deputy Tahsildar, Purasawalkam Taluk, Chennai and the Public Information Officer/Headquarters Deputy Tahsildar, Poonamallee Taluk, Chennai to pay the compensation already granted by this Honourable Commission along with the interest at the rate of 9% per annum from 30/06/2016 and 4. Directing the Public Information Officer/Headquarters Deputy Tahsildar, Purasawalkam Taluk, Chennai and the Public Information Officer/Headquarters 3 Deputy Tahsildar, Poonamallee Taluk, Chennai to pay the cost of filing this complaint and thus render Justice. In complaince with the order passed by the Commission on 30.05.2016 both the PIO’s of Purasawalkam Taluk and Poonamallee Taluk have made payment of Rs.20,000/- (by way of cash Rs.10,000/- and DD No. 453341 dated 24.10.2016 for Rs.1000) as compensation payable to Petitioner Thiru. S.I. Muthiah. On receipt of said Compensation amount Rs.20,000/-(by way of cash and DD), by the Petitioner Thiru. S.I. Muthiah has passed a receipt before this Commission. The original receipt passed by Petitioner Thiru. S.I. Muthiah is ordered to be filed along with this case records. Thus the fourth directions passed by the Honourable Commission by its order dated 30.05.2016 is complied with. In connection with the third direction of this commission, respective written explanations are submitted by the Public Information Officer/Headquarters Deputy Tahsildar, Purasawalkam Taluk, Chennai and the Public Information Officer/Headquarters Deputy Tahsildar, Poonamallee Taluk, Chennai, for the Show Cause Notices issued by this Commission. On receipt of the Show Cause Notices, concerned PIO’s of Purasawalkam Taluk and Poonamallee Taluk offices have submitted the written explanations before this Commission during the course of today’s enquiry. They are under consideration of this Commission for passing final Orders. The Public Information Officer/Headquarters Deputy Tahsildar, Purasawalkam Taluk, Chennai and the Public Information Officer/Headquarters Deputy Tahsildar, Poonamallee Taluk, Chennai have submitted their written submissions, in connection for complying second direction of this Commission Order dated 30.05.2016. On persual of written submissions made by PIO’s. Since the Schedule 2 mentioned Property in Survey No.4025 in VOC Nagar is situated in Chennai District, the Permanent land register only available at Taluk office level and no A. Register is maintained by the athorities concerned for the said Survey No.4025-1 at VOC Nagar. There is no collection of urban land tax for the said land as per records. Hence PIO, Purasawalkam Taluk prays to accept the written submission made by him for second schedule property. The directions is complied by the PIO by invoking section 6(3) of RTI Act. On perusal of records it seems the said written submissions is already furnished to the Petitioner Thiru. S.I. Muthiah and the receipt of the same was accepted by the Petitioner. Petitioner Thiru. S.I. Muthiah and did not press for enquiry. Hence this commission accepts the second direction of order dated 30.05.2016 is complied with. As far as directions No.1 in the order dated 30.05.2016 is concerned, it is ordered to furnish the informations for items 4 and 7 for Ist Schedule Property. The PIO has failed to obtain any information to supply the Petitioner Thiru. S.I. Muthiah for invoking 6(3) of RTI Act. The concerned PIO, Taluk Office, Poonamallee has stated, she has joined in the post in the first week of September 2016 and only on receipt of the summons from the commission, she came to know about the directions. She requests the Commission to grant sufficient time to furnish the said 4 and 7 informations for Schedule I property to the Petitioner Thiru. S.I. Muthiah in invoking section 6(3) of RTI Act. Under these circumstances, the Petitioner himself has requested before this Commission to close his complaints by passing suitable orders for furnishing the remaining informations which he had sought for. 4 Under these circumstances, to this Commission close the enquiry in CP No. 1322/2015 and CP 284/2016 by passing the following orders: 1. The Public Information Officer/Headquarters Deputy Tahsildar, Poonamallee Taluk, Chennai is directed to get the informations for items 4 and 7 for Schedule I Properpty for invoking section 6(3) RTI Act from the Collectorate, Thiruvallur District and Poonamallee Municipality and to supply the same to the Petitioner free of cost within 30 days from the date of receipt of the order. 2. Since written explanations submitted by the PIO of Poonamallee Taluk and Purasawalkam Taluk are acceptable in law and they did not failed to furnish the information in time with any manafide intension. This Commission Orders to close the Showcause Notices issued by the Commission under section 20(1) and 20(2) of RTI Act. Sd/- (R. DAKSHINAMOORTHY) STATE INFORMATION COMMISSIONER (BY ORDER OF THE COMMISSION) ASSISTANT REGISTRAR Case No. CP 1322/A/2015 To PUBLIC AUTHORITY : (1)The Public Information Officer / Headquarters Deputy Tahsildar Taluk Office, Purasawalkam Taluk, No.3, Raja Muthiah Salai Chennai – 600 003. (2)The Public Information Officer / Headquarters Deputy Tahsildar Taluk Office, Poonamallee Taluk, Chennai District. PETITIONER : Thiru. S.I. Muthiah J/10, May Flower Garden Srinivasa Avenue Road, Raja Annamalaipuram Chennai – 600 028. Copy to: Judgment File / Stock File / Spare SC/PA 31.10.2016 .
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