INFORMATION COMMISSION No.2, ThiyagarayaSalai (NearAalaiamman Temple), Teynampet, – 600 018. Telephone: 24357580

Case No.24587/E/2014

Order Date : 12.11.2015 F.N.

Present : Tmt. B.NEELAMBIKAI, M.A., B.L., STATE INFORMATION COMMISSIONER

Petitioner : Thiru R. Gopinath, No.10/12, 2 nd Floor, Senbagavalli Street, , Chennai – 600 023.

Public Authority : The Public Information Officer, Tamil Nadu Housing Board, 493, , , Chennai – 600 035.

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O R D E R

The petitioner Thiru R. Gopinath, was present for today’s (12.11.2015) enquiry. The Public Authority was represented by Tmt.M.Vanaja, Executive Engineer / Public Information Officer, Tamil Nadu Housing Board, Nandanam, Chennai.

2. The second appeal dated 06.07.2014 filed by the petitioner/appellant under Section 19(3) of the Right to Information Act, 2005 pertaining to the petition dated.15.04.2014 filed under Section 6(1) and first appeal dated. 06.06.2014 filed under Section 19(1) was taken up for today’s (12.11.2015) enquiry.

3. In the petition filed under Section 6(1) of the Right to Information Act, 2005 dated 15.04.2014, the Petitioner/ Appellant referred two survery numbers and sought for the details of any land acquisition (if any) in the said two survey numbers. By letter dated.25.04.2014, the public Information Officer has informed the petitioner that the information sought for by the petitioner/ appellant was dealt by Deputy Secretary (Land Acquisition) and that his application has been forwarded to him under Section 6(3) of the Right to Information Act, 2005. The Public Information Officer informed the commission that the Demand Draft No.657471, dated.21.04.2014 for Rs.2,000/- enclosed along with the petition filed under section 6(1) of Right to Information Act, 2005 was returned to the petitioner/ appellant along with the letter dated.25.05.2014. The Public Information Officer further added that there is a separate administrative procedure for getting land acquisition details on payment of Rs.1,000 as search fee for every survey number and the petitioner/ appellant ought to have adopted the said procedure for getting the land acquisition details.

4. The petitioner/ appellant informed the commission that he is dealing with lands (Brokerage) and he is well aware of the fact that for getting land acquisition details for every survey number Rs.1,000 is to be remitted to the department. As he was in need of land acquisition details for two survey numbers he has enclosed a Demand Draft for Rs.2,000 along with the petition filed under section 6(1) of Right to Information Act, 2005 dated.15.04.2014. This act of the petitioner/ appellant could not be entertained under Right to Information Act, 2005. Having, known the procedure to be followed to obtain the land acquisition details the petitioner/ appellant should have filed a separate petition to the public authority seeking for details about land acquisition in respect of the survey numbers for which he really needed the same.

5. Instead of adopting the administrative procedure established by the public authority, the petitioner/ appellant has filed the petition under Section 6(1) of Right to Information Act, 2005 enclosing the fee (Demand Draft for Rs.2,000/-) prescribed by the public authority and in this point alone the second appeal is dismissed with a direction to follow the administrative procedure established by the public authority to get the land acquisition details. The Demand Draft was already returned to the appellant.

sd/-B. Neelambikai State Information Commissioner

(By order of the Commission)

Assistant Registrar

Case No.24587/E/2014

To PublicAuthority The Public Information Officer, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai – 600 035.

Petitioner

Thiru R. Gopinath, No.10/12, 2 nd Floor, Senbagavalli Street, Ayanavaram, Chennai – 600 023.

Copy to: Judgement File Spare.

“gk/20.11”