Shanmughasundaram v. The Commissioner Land

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.30495 of 2015 Shanmughasundaram ... Petitioner - Vs -

1. The Commissioner, Land Survey cum Land Revenue Office, Directorate Office, Chepauk, Chennai-600 005.

2. The District Collector, District Collectorate, Erode.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the 2nd respondent herein to consider the petition dated 12.06.2015 and forthwith issue the documents as sought by the petitioner in his petition. For Petitioner : Ms.P.T.Asha for Sarvabhauman Associates For Respondents : Mr.Roofus Abraham Govt.Advocate

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2.

2. The petitioner made an application under R.T.I. Act earlier to get the copies of the records pertaining to S.R.No.8/1988. The application was not considered on the ground that the records sought for were not available. The petitioner filed an appeal before the District Revenue Officer on 27.04.2015 and the District Revenue Officer vide order dated 13.05.2015 has rejected the appeal. Thereafter, the petitioner made another application on 12.06.2015 to the second respondent. The request of the petitioner was not considered by holding that the said authority was neither an information officer under the RTI Act nor https://hcservices.ecourts.gov.in/hcservices/

appropriate authority. However, the petitioner was informed that the petitioner can come to the office of the said respondent and inspect the record section during working hours. Hence, seeking a Writ of Mandamus directing the second respondent to consider the representation dated 12.06.2015, the present Writ Petition has been filed.

3. Admittedly, the said representation has already been considered. Therefore, there is nothing else for the respondents to consider further. However, in the order passed on 31.07.2015 as indicated above, the petitioner was permitted to come to the office and peruse the records available. Thus, the Writ petition is disposed of by permitting the petitioner to peruse the records of the second respondent as mentioned in the order dated 31.07.2015 in the presence of the officer of the said respondent. After doing so the second respondent will have to permit the petitioner to take copies of the same, if so desires. No costs. Arr Sd/- Assistant Registrar (Judicial) /True Copy/ Sub-Assistant Registrar To

1. The Commissioner, Land Survey cum Land Revenue Office, Directorate Office, Chepauk, Chennai-600 005.

2. The District Collector, District Collectorate, Erode.

+1 C.C. To MR.SARVABHAUMAN ASSOCIATES, Advocate in SR.NO.52526 +1 C.C. To Government Pleader in SR.NO.52929 W.P.No.30495 of 2015 RSK(CO) sd : 08/10/2015 https://hcservices.ecourts.gov.in/hcservices/