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Order Date : 30.05.2016 1 TAMIL NADU INFORMATION COMMISSION No.2, ThiyagarayaSalai (Near Aalaiamman Temple), Teynampet, Chennai – 600 018. Telephone: 24357580 Order Date : 30.05.2016 PRESENT Thiru R. DAKSHINAMURTHY, B.Sc., B.L., STATE INFORMATION COMMISSIONER ******** Case No. CP 1322/A/2015 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 Assistant Directror Land Survey Department Ezhilagam Chennai – 600 005. (2)The Public Information Officer / Headquarters Deputy Tahsildar Taluk Office, Purasawalkam Taluk, No.3, Raja Muthiah Salai Chennai – 600 003. (3)The Public Information Officer / Headquarters Deputy Tahsildar Taluk Office, Poonamallee Taluk, Chennai District. (4)The First Appellate Authority/ Revenue Divisional Officer Revenue Divisional Office Poonamallee Taluk, Chennai District. 2 ---- ORDER 1. The petitioner/appellant Thiru. S.I. Muthiah, is present for today’s enquiry. The Public Authority is represented by (1) Thiru S. Suriya Kumar, Public Information Officer, Land Survey Department, Chepauk, Chennai, (2) Tmt. S. Rajeswari, Headquarters Deputy Tahsildar / Public Information Officer, Purasawalkam Taluk, Chennai (3) Tmt. S. Sangili Rathi, Headquarters Deputy Tahsildar / Public Information Officer, Poonamallee Taluk, Chennai (4) Tmt. R. Kiruba Usha, PA to RDO, RDO office, Poonamallee Taluk, Tiruvallur District. 2. The petitioner/appellant has sent a petition under Section 6 (1) of the RTI Act, on 20-05-2015 to the Public Information Officer / Under Secretary to Government, Revenue Department, Secretariat, Chennai, seeking information regarding the revenue records, patta passbook and details regarding UDR and Natham Survey pertaining to the properties at Poonamallee and Muthialpettai and the same was received by the Public Information Officer on 21-05-2015. On 30-06-2015, the petitioner received a communication dt.28- 05-2015 from the Public Information Officer / Under Secretary to Govt., Revenue Department, Chennai, stating that the information sought for by him is not available in his office and hence the petitioner’s RTI petition was forwarded to the Assistant Land Revenue Officer, O/o the Director of Survey and Land Records, Ezhilagam, Chennai, under Section 6(3)(ii) of the RTI Act. Even though the said letter was dt.28-05-2015, it was dispatched only on 29-06-2015 and received by the petitioner on30-06-2015. Since the information sought for by the petitioner under Section 6(1) was not given to him within the stipulated time, the petitioner sent a representation dt.30-06-2015 by way of first appeal under section 19(1) and the same was received by the Appellate Authority on 01-07-2015. That being so, the petitioner received a communication dt.08-07-2015 from Mr.S. Suriyakumar, Public Information Officer/ Assistant Director, Land Survey Department, Ezhilagam, Chennai, stating that the petitioner’s RTI petition dt.20-05-2015 has been received by him only on 06-07-2015 and further informed that it was transferred to Public Information Officer / Deputy Tahsildar, Purasawalkam, Chennai and Poonamallee, under Section 6 (3) (ii) of the RTI Act. Petitioner received a communication from the first appellate authority / Deputy Secretary to Govt., Revenue Department, 3 Secretariat, Chennai dt.16-07-2015 stating that the appeal preferred by the petitioner has been transferred to the Appellate Authority / Land Revenue Officer, O.o the Director of Survey and Land Records, Ezhilagam, Chennai, as per Section 6(3)(ii) of the RTI Act. Thereafter, the petitioner received a communication dt.28-07-2015 from the Assistant Land Revenue Officer, O/o the Director of Survey and Land Records, Ezhilagam, Chennai, stating that the RTI petition filed by the petitioner dt.20-05-2015 had been transferred to the RDO, Poonamallee as per Section 6 (3)(ii). The first appeal dt.30-06-2015 preferred by the petitioner before the Appellate authority, Revenue Dept., Secretariat, had been transferred to the Appellate Authority, Ezhilagam, Chennai, under Section 6(3)(ii) but the first Appellate Authority failed to supply the information sought for by the petitioner. Hence, the petitioner preferred the second appeal under Section 19(3) of the RTI Act, before this Commission on 10-09-2015 and the same was received by this Commission on 15-09-2015. 3. Under these circumstances, the petitioner filed a Writ Petition before the Hon’ble High Court of Madras in W.P.No.6843/2016 along with WMP No.6094/2016 seeking a direction under Article 226 of the Constitution of India seeking a Writ of Mandamus and to direct the respondent to pay a compensation of Rs.25,000/-. On 14-03-2016, the Hon’ble High Court disposed of the W.P. as well as W.M.P. with the following direction :- “7. In view of the submission so made by the learned counsel for the respondent, this Court directs the respondent to dispose of the petitioner’s second appeal dated 10.09.2015 in CP.No.1322 of 2015 and to furnish the information as sought for by the petitioner in his application dated 20.05.2015, within a period of twelve weeks from the date of receipt of a copy of this order.” 4. Under the above said circumstances, summons are issued to the petitioner Mr. S.I. Muthiah, and the Public Information Officer, Asst. Director, Land Survey Department, Ezhilagam, Chennai, Public Information Officer / HQDT, Purasawalkam Taluk, Chennai, Public Information Officer / HQDT, Poonamallee Taluk, and the First Appellate Authority/ RDO, Poonamallee Taluk for the Hearing date 30.05.2016. On receipt of the summons, all 4 the Public Information Officers as mentioned above and the petitioner Mr. S.l. Muthiah, are present and appeared before this Commission for today’s enquiry. 5. Before going into the merits of the case, this Commission feels fit to peruse the RTI petition dt.20-05-2015 filed by the petitioner. In the RTI petition, he has sought for 7 items of information for Schedule I and II properties mentioned in the petition. Schedule I as on in the year 1936 is as follows :- “Chengalpattu District, Saidapetai Thaluka, Poondhamallee sub-district, Poovirundhamalle Village, Patta No.122, Survey No.574 – Extent 5/8 Kanni – 74 cents. North by – Ayyasamy Thottam South by – Kailasa Mudhaliar Kidangu East by – Venkata Krishna Pillai Thumathhukum West by – Namasivaya Mudhaliar thumathukkum Schedule II as on in the year 1936 is as follows :- “Madras Chengalpattu District, Madras Registration sub-district, Muthialpettai, Krishnasamy Kovil Street. North by – Krishnasamy Kovil Street South by – Veeranapathan House East by – Gulam Khader Saybu House ( Veedulayathirku) West by – M. Chidambaram Chettiar House House Plot comprising within aforesaid boundaries in Door No.10, Old Survey No.2563, Re-Survey No.4025 – Collector Certificate No.1737 – Extent 966 Sq.ft. The information sought for by the petitioner are as follows :- “(1) If the Survey No. of the aforesaid schedule in Item I and II is subjected to any change then the details of the present survey number of the aforesaid lands enlightened as Item I and II shall be furnished. (2) The Present Patta Number of the aforementioned Schedule in item I and II and copy of the same shall be furnished. 5 (3) The SRO office (Sub-Registration Office) under which jurisdiction does the land mentioned in item I and II herein comes? (4) If the aforementioned land in Item I and II has been sub-divided after the year 1936 then the details of the sub-division and Patta No. of the same and entries mutated in that Patta shall be furnished. (5) The extract of “A” Register pertaining to the aforementioned Schedule found in Item I and II shall be furnished. (6) Details of the Kist, Adangal and Chitta paid in respect of the aforesaid Schedule from the year 1980 mentioned as item II and copies of the same shall be furnished. (7) Details of the Property tax or any other revenue in respect of the aforesaid schedule mentioned as Item I and if any copies shall be furnished.” 6. Since the information sought for by the petitioner were nor furnished even after filing of first and II appeal under the RTI Act, the petitioner filed a Writ Petition before the Hon’ble High Court of Madras in W.P.No. 6843/2016. The Hon’ble High Court of Madras passed an order dt14-03-2016 directing the respondent, State Information Commissioner to dispose of the petitioner’s second appeal dt.10-09-2015 in CP.No.1322/15 and to furnish the information as sought for by the petitioner in his application dt.20-05-2015 within a period of twelve weeks from the date of receipt of copy of the order. 7. During the course of enquiry, the petitioner represents before this Commission that no information was furnished to him in spite of filing of first appeal and second appeal under the RTI Act and a writ petition before the Hon’ble High Court of Madras. Hence, he prays to pass suitable orders for furnishing the information sought for in his petition under Section 6(1) of the RTI Act and also to pass an order under Section 20 (1) & (2) of the RTI Act against the erring Public Information Officers and the first Appellate Authority and to compensate him for his mental agony and cost incurred by him under Section 19(8)(b) of the RTI act. 8. The Public Information Officer of the Taluk Office, Poonamallee, Tiruvallur District, has stated that as per Rc.No.496/2016/A1 dt.27-05-2016 she has prepared the information for items 1 to 7 in connection with Schedule I Property and brought the same 6 before this Commission for furnishing the same to the petitioner.
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