N.Ramalingam v. The Tamil Nadu Information Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.15850 of 2024 N.Ramalingam, No.5/81, Road Street, Nangamagalam Village, Melapulam Post - 631 052, Nemili Taluk, Ranipet District ... Petitioner Vs.
1. The Tamil Nadu Information Commission, No. 19, Aarasu Pannai Illam, Penpettai, Nandanam, Chennai - 600035.
2. The Appellate Authority Under the Right to Information Act Town Panchayat Assistant Director, Vellore Regional, Vellore - 600 009.
3. The Public Information Officer/ The Executive Officer, Panapakkam Town Panchayat, Panapakkam - 631052, Ranipet District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the entire
records related to the first Respondent in the Impugned Proceedings No. S.A.12473/D/2022 dated 27.02.2024 and quash the same and consequently to declare the action of the first respondent in denying the information sought under the Right to Information Act confirming the proceedings of the second and third respondents as illegal, arbitrary, and in violation of the statutory provisions, and furnish the details as sought for by the petitioner in his application dated 12.05.2022. For Petitioner : Mr.Ramesh Venkatachalapathy For Respondents For R1 : Mr.C.Vigneswaran For R2 : Mr.V.Manoharan Additional Government Pleader For R3 : Mrs.E.Ranganayaki
ORDER
This writ petition has been filed challenging the order passed by the first respondent dated 27.02.2024, thereby closed the appeal filed by the petitioner on the submission made by the third respondent. 2.
The petitioner sought for information before the third respondent by an application dated 12.05.2022, under the Right to Information Act, as follows :- "(i) The number of building permissions granted
in Ward No.l to 15, Panapakkam Municipality/Town Panchayat, Ranipet District from the year 2010 to 2022 and copies of the permissions granted?
(ii) Form the year 2010 to 2022, the assessment of property tax houses, shops, establishments in Ward No.l to 15, Panapakkam Municipality/Town Panchayat, Ranipet District?
(iii) What are the encroachments in Ward No.l to 15, Panapakkam Municipality/Town Panchayat, Ranipet District? and what are the steps taken by the Town Panchayat to remove such encroachments?
(iv) What norms are followed by the Municipality/Town Panchayat in granting permission for Industries, Undertakings Marriage Halls and Houses Sites? Copy of the rules followed by the Town Panchayat?"
3.
The said application was rejected by the third respondent and aggrieved by the same, the petitioner preferred an appeal before the second respondent. The first appellate authority viz., the second respondent herein also rejected the appeal. Aggrieved by the same, the petitioner filed the second appeal before the first respondent. While pending the second appeal, the information sought for by the petitioner in
respect of question Nos.3 & 4 were provided and reported before the first respondent. Recording the same, the first respondent closed the second appeal. Aggrieved by the same, the petitioner filed the present writ petition.
4.
The learned counsel appearing for the petitioner contended that admittedly, the third respondent did not provide any information for the first and second questions raised by the petitioner. Even then, the second appellate authority wrongly recorded that the information furnished to the petitioner and closed the appeal. 5.
Heard the learned counsel appearing on either side and perused the material placed before this Court. 6.
On perusal of the questions raised by the petitioner revealed that the petitioner sought for information regarding the number of building permission granted to ward No. 1 to 15, Panapakkam Municipality/Town panchayat, Ranipet District and also assessment of property tax for all buildings, from the year 2010 to 2022. These informations are pertaining to individuals and also he sought for
information from the year 2010 to 2022. It is not practically possible and the said information cannot be given under the Right to Information Act. Therefore, the information sought for under the question Nos.1 & 2 cannot be provided and the third respondent rightly rejected the application insofar as these questions. So far as the third and fourth questions are concerned, the petitioner was already provided with information and the same was recorded by the first respondent. Therefore, this Court finds no infirmity or illegality in the order passed by the first respondent and the writ petition is devoid of merits and liable to be dismissed.
7.
Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.
08.08.2024 Index : Yes/No Speaking/Non Speaking order rts
G.K.ILANTHIRAIYAN. J, rts To
1. The Tamil Nadu Information Commission, No. 19, Aarasu Pannai Illam, Penpettai, Nandanam, Chennai - 600035.
2. The Appellate Authority, Under the Right to Information Act Town Panchayat Assistant Director, Vellore Regional, Vellore - 600 009.
3. The Public Information Officer/ The Executive Officer, Panapakkam Town Panchayat, Panapakkam - 631052, Ranipet District.
and W.M.P.No.15850 of 2024 08.08.2024