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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 : 11.04.2016 PRESENT Thiru R. DAKSHINAMURTHY, B.Sc., B.L., STATE INFORMATION COMMISSIONER ******** Case No. SA 1443/A/2015 Thiru. T.S. Dhakshinamurthy S/o. T.K. Seshachala Mudaliar No.33/19, Kachaleshwarar Garden St., .. PETITIONER Muthialpet, Chennai – 600 001. The Public Information Officer / .. PUBLIC AUTHORITY Headquarters Deputy Tahsildar Taluk Office, Perambur Taluk, Perambur Chennai – 600 011. ---- ORDER 1. The petitioner/appellant Thiru. T.S. Dhakshinamurthy, is present for today’s enquiry. The Public Authority is represented by Tmt. S. Jayanthi, Public Information Officer / Headquarters Deputy Tahsildar, Taluk Office, Perambur Taluk, Chennai. 2. The petitioner/appellant has sent a petition under Section 6 (1) of the RTI Act, on 14-07-2014 to the Public Information Officer, O/o the Tahsildar, Fort Tondiarpet Taluk, Chennai-3, asking for information regarding a copy of FMB sketch of S.No.117/2 part, S.No.174 part, present T.S.No.69/1, Block No.49 of Kodungaiyur Village, copy of patta if any issued in respect of Plot No.55, Abirami Avenue 14 th Street, Kaviarasu Kannadasan Nagar, Kodungaiyur, Chennai, and the name of the pattadhar. By letter dt.04/08/2014, the Public Information Officer has transferred the petition under Section 6(3) of the RTI Act to the Public Information Officer / Headquarters Deputy Tahsildar, Perambur Taluk, asking him to furnish the information as requested by the petitioner. This was also intimated to the petitioner. After that, the petitioner has sent a first appeal under Section 2 19(1) dt.25-08-2014 addressing to the Collector of Chennai, Appellate Authority, Chennai. The Public Information Officer/Personal Asst to the District Collector, O/o the District Collector, Chennai, on receipt of the first appeal, vide letter dt.19-09-2014 has sent the same to the Public Information Officer, Taluk Office, Perambur, Chennai, for necessary action. The petitioner has sent another petition dt.19-11-2014 to the Public Information Officer,Taluk Office, Perambur Taluk, Chennai, asking for the same information. The required information, not having been received by him, the petitioner/appellant has sent a second appeal dt.27/01/2016 under Section 19(3) to this Commission which is taken up for today’s enquiry. 3. During the enquiry, the petitioner has stated that the Public Authority has not furnished the information he has requested in his RTI petition till date. He has also submitted a written version to this effect before this Commission. The Public Information Officer / Headquarters Deputy Tahsildar, who appeared for today’s enquiry, stated that already available information was sent to the appellant on various dates. So saying, she has also submitted the copies of letters containing the information to this Commission. But the appellant would deny the receipt of any of the above letters. A perusal of the copies of letters would show that in one of the letters, no date was mentioned and only month and year were mentioned, i.e, .02.2015 and the date mentioned by the Public Information Officer after his signature is also found to be unintelligible. But, curiously, a despatch seal is there in the letter which shows the date of despatch as 30/9/2015. Other letters submitted by the Public Information Officer were dated 12-06-2015, 29-06-2015 and 14-08-2015 which were said to have been despatched on various dates as per the despatch seal affixed in each of the letters. Be it as it may. 4. A perusal of the letter which was despatched on 30-09-2015 would show that it contains item wise information/reply to the queries as asked for by the appellant. For the first item, the Public Information Officer has stated that the FMB (Field Measurement Book) sketch was not under maintenance by their office. As regards the second item, he has stated that the TSLR records were not maintained address-wise and has further stated that presuming that the appellant has asked for the TSLR in respect of T.S.No.69/1, Block No.49 of Kodungaiyur Village, he has enclosed the copy of the TSLR extract for the same. Regarding item No.3, it was stated that the name of the present owner as per the office record was as furnished in the TSLR extract sent to the appellant. During the enquiry, the petitioner has stated that he has not received any of the above mentioned letters. The Public Information Officer has failed to bring the Despatch Register to prove that the above letters were in fact sent to the appellant. Therefore, the Public Information Officer is directed to send the copies of letters she has furnished to this Commission today (mentioning the correct dates) to the appellant, along with the copy of TSLR extract, free of cost, within a week from the date of receipt of this order by way of registered post with acknowledgement due. She is also directed to send a compliance report within two weeks to this Commission. 5. As regards the first item, i.e., F.M.B. Sketch, the Public Information Officer, during the enquiry, would say that the same is not available in their office and it would be available in the Chennai Collectorate. If this is the position, then the Public Information Officer should have followed the procedure as contemplated under Section 6(3) of the RTI 3 Act, and transferred the petition under Section 6(1) within 5 days of its receipt to the Public Authority where the said information is available, i.e., the Chennai Collectorate. But, in this case, the Public Information Officer has failed to do so. The natural corollary would be that the Public Information Officer, Perambur Taluk, has to obtain the said information from the Chennai Collectorate and furnish the same to the appellant. The Public Information Officer / Headquarters Deputy Tahsildar, Perambur Taluk, Perambur, Chennai, is therefore directed to obtain the information / copy of F.M.B. sketch as sought for by the appellant in item No.1, of his petition under Section 6(1) dt.14.07.2014 from the Chennai Collectorate and send the same to the appellant, free of cost, within a week from the date of receipt of this order. She is also directed to send a compliance report to this Commission within two weeks. With the above orders, this case is treated as closed. Sd/- (R. DAKSHINAMURTHY) STATE INFORMATION COMMISSIONER (BY ORDER OF THE COMMISSION) ASSISTANT REGISTRAR Case No. SA 1443/A/2015 To PUBLIC AUTHORITY : (1) The Public Information Officer / Headquarters Deputy Tahsildar Taluk Office, Perambur Taluk, Perambur Chennai – 600 011. (2) The Public Information Officer / Personal Assistant to the District Collector (General) District Collectorate, Chennai District Chennai. Case No. SA 1443/A/2015 PETITIONER : Thiru. T.S. Dhakshinamurthy S/o. T.K. Seshachala Mudaliar No.33/19, Kachaleshwarar Garden St., Muthialpet, Chennai – 600 001. Copy to: Judgment File / Stock File / Spare rs/13.4.16 .
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