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Madras High CourtWP/22021/2024dismissed

S.Krupakaran v. The State Information Commission

2024-08-01Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.Krupakaran ...

Petitioner vs The State Information Commission Panepet, Nandanam Chennai -35.

2.The First Appellate Authority The Secretary Revenue Department Fort St.George, Chennai-9.

3.The Public Information Officer The Deputy Secretary Revenue Department Fort St.George, Chennai-9.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 3rd respondent to furnish the information as claimed in the application dated 17.12.2021. For Petitioner :

Mr.L.Dhamodharan For Respondents :

Mr.C.Vigneswaran, Standing Counsel for R1 Mr.N.Naveenkumar, GA for R2 & R3 1/5

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2. The grievance of the petitioner is that he made a representation dated 17.12.2021 seeking certain information in respect of Revenue Standing Order No.2704/Misc dated 22.09.1927. The 3rd respondent failed to furnish the details. The petitioner filed an appeal before the second respondent on 15.01.2022, the 2nd respondent replied stating that the documents were not maintained by the Government. Against which, the petitioner preferred a second appeal before the first respondent. For which, the first respondent herein relied on the version of the second respondent and reiterated that Board proceedings was not maintained by them. Hence, the petitioner filed the present writ petition.

3. The learned standing counsel appearing for the first respondent on instructions submitted a copy of the appeal order dated 08.07.2024 passed by the first respondent wherein it is stated that the document sought for by the petitioner viz., Revenue Standing Order No.2704/Misc dated 22.09.1927 is not available with the Government and also not available in the Archives 2/5

of Tamil Nadu and the said information was duly communicated to the petitioner by way of affidavit and the petitioner has also acknowledged the receipt of the same. Hence, the learned counsel prays for dismissal of the writ petition.

4. Heard the learned counsel for the petitioner and the learned Standing counsel for the first respondent and the learned Government Advocate for the respondents 2 & 3 and perused the materials available on record.

5. On perusal of records it is seen that in the government records the last number in Government order is 2703 and the petitioner seeking for the No.2704 dated 22.09.1927, which is not available both in the Government records and also in the Tamil Nadu Archives.

6. In the result, the writ petition is dismissed. No costs. 01.08.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh 3/5

To The State Information Commission Panepet, Nandanam Chennai -35.

2.The First Appellate Authority The Secretary Revenue Department Fort St.George, Chennai-9.

3.The Public Information Officer The Deputy Secretary Revenue Department Fort St.George, Chennai-9.

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V.BHAVANI SUBBAROYAN , J.

tsh 01.08.2024 5/5