INFORMATION COMMISSION Post Box No.6405 Kamadhenu Super Market First Floor, Old No.273, New No.378, , , – 600 018. Tel : 24357580

Case No.16354/Enquiry / 2009

Date of Enquiry : 21/10/2009

Present Thiru.G.RAMAKRISHNAN, I.A.S.,(Retd) STATE INFORMATION COMMISSIONER

Petitioner Tmt. J. Pushparani No.1, Railway Station Road , Chennai - 16.

Public Authority The Public Information Officer O/o the Tahsildar, Taluk Office, Taluk Chennai - 600 045. * * * * *

For today's Enquiry (21.10.2009), the petitioner Tmt. J. Pushparani, was present. The Public Authority was represented by the Public Information Officer, Thiru C. Jayakumar, Taluk Office, Tambaram, Chennai.

2. The petitioner has applied under Section 6 (1) of the R.T.I. Act to the Public Information Officer, Tambaram Taluk Office on 10.10.2008 asking for certain information about the issue of patta after the demise of her father to one of the legal heirs when there are as many as 7 legal heirs for her father. Not getting any information from the Public Information Officer, the petitioner made an appeal to the D.R.O. on 06.01.2009. Since there was no response from the Appellate Authority, the petitioner made an appeal to the Commission on 25.03.2009.

3. The Commission gave a time bound direction in case No.7361 dt.24.07.2009 asking the Public Information Officer to supply the information on or before 11.08.2009 failing which to appear in person before the Commission on 18.08.2009. As per the directions, the Taluk Office has furnished some information on 14.08.2009. The information supplied on 14.08.2009 is not correct according to the petitioner and therefore the petitioner made another appeal to the Commission on 17.08.2009 on the basis of which today's enquiry has been ordered.

4. During the course of enquiry, it is seen that the information asked for has not been specifically provided to the petitioner though a copy of the order dt.27.09.1999 has been enclosed and sent to the petitioner which does not meet the requirements of the petitioner's queries raised in her first petition dt.10.10.2008.

5. The Public Authority namely the Tahsildar, Tambaram, is therefore directed

(a) to supply the information correctly to the petitioner within 15 days from the date of receipt of this order. The Commission is not in a position to accept the explanation offered by the Headquarters Deputy Tahsildar present that the records are not available. The records are very much permanent in nature and they should be available either in the Taluk Office or in the R.D.O.'s office. If for any reason the records are not traceable, the Tahsildar should file an affidavit before the Commission in a stamp paper to the effect that the records are not traceable in spite of their best efforts. If the records are found to be destroyed, then the concerned Destruction Register should be shown to the Commission.

(b) The Public Information Officer is directed to explain within 15 days from the date of receipt of this order as to why the maximum penalty under Section 20 (1) of the R.T.I. Act should not be imposed for failure to supply the information causing a delay of more than a year. If the explanation is not received within 15 days, the Commission will be forced to take a decision based on the merits of the case.

TAMIL NADU INFORMATION COMMISSION Orders approved on this the 23rd day of October. 2009

Under the orders of the Commission

[S,Mohanadhas] Assistant Registrar

Case No.16354/2009

Tmt. J. Pushparani No.1, Railway Station Road Alandur, Chennai - 16.

Case No.16354/2009

The Public Information Officer O/o the Tahsildar, Taluk Office, Tambaram Taluk Chennai - 600 045.

Case No.16354/2009

The Tahsildar, Taluk Office, Tambaram Taluk Chennai - 600 045.

Case No.16354/2009

The District Revenue Officer, Kancheepuram.