G.Senthilkumar v. Tamilnadu Information

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.3575 of 2014 G.Senthilkumar ... Petitioner Vs.

1. Tamilnadu Information Commission, rep by its Registrar, No.2, Sir Thiyagaraja Road, Near Aalaiamman Temple, Eldams Road Junction, Teynampet, Chennai-600 018.

2. The Appellate Information Officer, Collectorate, Salem.

3. The Public Information Officer/Tahsildar, Office of the Tahsildar, Salem-636 001.

... Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the third respondent to implement the order dated 28.9.2012 passed in Case No.16616/F/Visaranai/2012 on the file of the first respondent.

For Petitioner : Mr.R.Ezhilarasan For Respondents : Mr.Niranjan Rajagopalan for M/s.G.R.Associates for R-1 Mr.R.Ravichandran, Additional Government Pleader for RR2 and 3

ORDER

Heard.

2.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the third respondent to implement the order of the first respondent, dated 28.9.2012, with regard to the

furnishing of the necessary information, to the petitioner, under the provisions of the Right to Information Act, 2005. 3.

At this stage of the hearing of the writ petition, a counter affidavit, dated 28.07.2016, has been filed on behalf of the third respondent. In the said counter affidavit, it has been stated as follows :

"It is submitted that the office of the Tahsildar, Salem South, the 3rd Respondent herein in functioned with effect from 12.02.2014 after duly bifurcated from the office of the Tahsildar, Salem as per G.O. No.505 Revenue Dated: 09.12.2013. It is also submitted that no correspondences were dealt with in this office in the matter. However, certain records in respect of S.No.21/1A of Marulayampalayam Village, Salem South Taluk, has since been traced out from the office of the Tahsildar, Salem South and Office of the concerned Village Administrative Officer and copy of Village Accounts Such as 1)"A" Register of Marulayampalayam Village in the year 1936 2) "A" Register in Fasli 1425, and extracts from FMB and Chitta and Adangal required by the petitioner herein were sent to him by R.P.A.D. dated on 28.07.2016 vide in this office letter Roc.No.3575/2016/B3 of the Tahsildar, Salem South as per the directions of the Tamilnadu Information Commission, Chennai. This fact has also been intimated to the Tamilnadu Information Commission, Chenai on the same date."

4.

In view of the above averments made in the counter affidavit filed on behalf of the third respondent, this Court is of the view that no further orders are necessary in the present writ petition. Hence, the writ petition is dismissed, as infructuous. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vvk

To

1. The Registrar, Tamilnadu Information Commission, No.2, Sir Thiyagaraja Road, Near Aalaiamman Temple, Eldams Road Junction, Teynampet, Chennai-600 018.

2. The Appellate Information Officer, Collectorate, Salem.

3. The Public Information Officer/Tahsildar, Office of the Tahsildar, Salem-636 001.

+1cc to Mr.R.Ezhilarasan, Advocate, S.R.No.43500 +1cc to the Government Pleader, S.R.No.43316 W.P.No.3575 of 2014 VD(CO) CA(23/08/2016)