INFORMATION COMMISSION Kamadhenu Co-operative Super Market Building First Floor, New No.379, Anna Salai, Teynampet, Chennai – 600018. Phone: 24312841.

Case No.32041/Enquiry/2008

Date of Enquiry: 3rd July 2009 at TIRUNELVELI

Present: Thiru.G.Ramakrishnan, I.A.S., (Retd.), State Information Commissioner.

Petitioner: Thiru. K.B. Pushparaj, S/o K. Bhaskaran, Mary Cottage, Vazhavilai, Parakkunnu, Via – Kuzhithurai, District – 629 163.

Public Authority: The Public Information Officer, Taluk Office, Vilavankode Taluk, . *** The petitioner and the Head Quarters Deputy Tahsildar, Vilavankode Taluk, Kanyakumari District were present for the enquiry. The petitioner’s RTI petition dated 19.3.2007 was replied to by the Tahsildar, Vilavankode only on 17.7.2007, rejecting the request for information under Section 8(e) of the Right to Information Act 2005. In between, the petitioner has been making complaint petitions to the District Collector on 14.5.2007, 22.5.2007, 11.7.2007 and 13.7.2007. Therefore, the petitioner approached the District Collector on 14.8.2007 as he was not satisfied with the reply. The District Collector made an endorsement to the Tahsildar on 20.8.2007. Again, the petitioner approached the Tahsildar on 12.9.2007. The petitioner once again requested the District Collector on 3.10.2007 and the District Collector again gave an endorsement to the Tahsildar on 8.10.2007. Therefore, the petitioner was forced to come to the Commission on 9.11.2007. The Commission gave a direction to the Public Information Officer, District Collectorate on 28.11.2007, for necessary action. Thereafter, the petitioner once again approached the Commission on 27.9.2008. The Commission thought that it is a fit case to be taken up for enquiry and accordingly the enquiry was conducted today. The rejection of the information under Section 8(e) of the Right to Information Act, 2005 by the Tahsildar, Vilavankode is incorrect, as the Tahsildar has not studied the provisions of the Act correctly. Further, to be on the safer side, the Tahsildar, Vilavankode is directed to obtain a statement from the petitioner that no violation of Section 8(e) would be caused by petitioner and after obtaining such statement, the Tahsildar is directed to supply the information before 20.7.2009 and report compliance to the Commission. The Tahsildar has delayed in furnishing the information to the petitioner by nearly, four months. The Commission, therefore, proposes to impose a penalty of Rs.15,000/- recoverable from the Tahsildar, Vilavankode. The Tahsildar, Vilavankode is therefore directed to show cause as to why fine of Rs.15,000/- should not be imposed on him under Section 20(1), within 15 days from the date of receipt of this order. STATE INFORMATION COMMISSION Orders approved on 10th July 2009 Under orders of the Commission.

(S.MOHANA DHAS) ASSISTANT REGISTRAR To: Case No. 32041/Enquiry/2008 The Public Information Officer, Taluk Office, Taluk, Kanyakumari District.

Case No. 32041/Enquiry/2008 Thiru. K.B. Pushparaj, S/o K. Bhaskaran, Mary Cottage, Vazhavilai, Parakkunnu, Via – Kuzhithurai, Kanyakumari District – 629 163.

Copy to Case No. 32041/Enquiry/2008 The District Collector, Kanyakumari.