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Madras High CourtWP/23377/2024disposed of

P.Abida v. The Tamil Nadu Information Commission

2024-08-19Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.23377 of 2024 P.Abida ....

Petitioner Vs

1. The Tamil Nadu Information Commission, Rep by State Information Commissioner, No.9, Government Farm Village, Fanepet, Nandanam, Chennai-600 035.

2. The Appellate Authority (Under RTI Act), District Collectorate, Thiruvallur District, Thiruvallur.

3. The Public Information Officer/ Personal Assistant to District Collector (Public), District Collectorate, Thiruvallur District, Thiruvallur.

4. The Public Information Officer/Research Officer Tamilnadu Archives and Historical Research, Egmore, Chennai-600 008.

....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd to 4th respondents to provide certified copy of the Pre-UDR and UDR 1/6

A-Extracts, Adangal and FMB for the survey No.24/2, Noombal Madura, Puliyamedu Village, Poonamallee Taluk, Thiruvallur District on the basis of petitioner RTI Application dated 01.09.2022. For Petitioner : Mr.C.Prabhu For R1 : Mr.C.Vigneswaran Standing Counsel For R2 to R4 : Mr.V.Manoharan Additional Government Pleader

ORDER

This Writ Petition has been filed for a direction, directing the respondents 2 to 4 to provide information sought for by the petitioner under Right to Information Act (hereinafter referred to as the "RTI Act"), such as Pre-UDR & UDR A-Extracts, Adangal and FMB for the property comprised in Survey No.24/2, Noombal Madura, Puliyamedu Village, Poonamallee Taluk, Thiruvallur District.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner owned a property comprised in Survey 2/6

No.24/2, Noombal Madura, Puliyamedu Village, Poonamallee Taluk, Thiruvallur District. While being so, the petitioner preferred an application under RTI Act on 01.09.2022 before the third respondent. The third respondent sent a communication that the information regarding FMB, A-Extract and Adangal records of Thiruvallur District, Poonamallee Taluk, Noombal Revenue Village are not available in their record room. Aggrieved by the same, the petitioner preferred an appeal before the second respondent. Once again, it was returned on the ground that no document was available with the third respondent. Aggrieved by the same, the petitioner preferred an appeal before the first respondent and the first respondent, by its communication dated 09.01.

2024, thereby informed the petitioner that the documents, which were sought for by him, were already furnished. If not served on the petitioner, she shall have to inform the first respondent. The petitioner, by her communication dated 13.01.2024, informed that those records were not received. However, thereafter no order has been passed by the first respondent.

4. In view of the above, the first respondent is directed to pass orders on the appeal filed by the petitioner on merits and in accordance 3/6

with law within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands disposed of. No costs.

19.08.2024 Internet : Yes/No Index:Yes/No Speaking/Non-speaking order Lpp To

1. The State Information Commissioner, No.9, Government Farm Village, Fanepet, Nandanam, Chennai-600 035.

2. The Appellate Authority (Under RTI Act), District Collectorate, Thiruvallur District, Thiruvallur.

3. The Public Information Officer/ Personal Assistant to District Collector (Public), District Collectorate, Thiruvallur District, Thiruvallur.

4. The Public Information Officer/Research Officer Tamilnadu Archives and Historical Research, Egmore, Chennai-600 008.

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G.K.ILANTHIRAIYAN, J.

Lpp 5/6

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