K.Soundararajan v. The State Chief Information Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2024
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA K.Soundararajan ... Petitioner /vs./ 1.The State Chief Information Commissioner, Tamil Nadu Information Commission, Kamadhenu Super Market 1st Floor, Teynampet, Chennai 600 018.
2.The State Information Commissioner, Tamil Nadu Information Commission, Kamadhenu Super Market 1st Floor, Teynampet, Chennai 600 018.
3.Public Information Officer/ Deputy Commissioner of Archives and Historical Research, Tamil Nadu Archives, Egmore, Chennai-8.
4.The Commissioner of Land Administration, Chepauk, Chennai.
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5.The District Collector, Collectorate, Tirunelveli.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent herein to accord permission to inspect the records of Madras Court of Wards Act, 1902, from the year 1894 to till date and provide the certified copies of board of revenue proceedings with back files, FMB Sketch, village maps and revenue land records pertaining to Minor.Ramalinga Varaguna Rama Pandia Chinnatambiar (Sivagiri Minor. Zemindar) and Varaguna Rama Pandia Chinnatambiar by considering the petitioner's representation/application dated 15.09.2020, 05.11.2021 and 20.10.2022 within time stipulated by this Court. For Petitioner : Mr.D.Nallathambi For R1 & R2 : Mr.Raguvaran Gopalan Standing Counsel For R3 to R5 : Mr.D.S.Nedunchezian Government Advocate
ORDER
The above writ petition has been filed for a Writ of Mandamus to direct the third respondent to accord permission to inspect the records of Madras Court of Wards Act, 1902, from the year 1894 to till date and to provide the certified 2/6
copies of board of revenue proceedings with back files, FMB Sketch, village maps and revenue land records pertaining to Minor.Ramalinga Varaguna Rama Pandia Chinnatambiar (Sivagiri Minor. Zemindar) and Varaguna Rama Pandia Chinnatambiar by considering the petitioner's representations dated 15.09.2020, 05.11.2021 and 20.10.2022.
2. The petitioner would claim to be the descendent of Sivagiri Zemin. It is his contention that Sivagiri Zemin had died on 24.07.1896, which has been recorded in the Board of Revenue (Land Revenue) No.312 dated 19.08.1896, leaving behind his surviving minor son, Ramalinga Varaguna Rama Pandia Chinnatambiar, a widow, Gnayamani Nachiar, mother, Karuppayee Nachiar and the stepmother, Sangilivira Nachiar.
3. On the demise of Sivagiri Zemin, the minor's mother requested that she may be constituted guardian to her minor son, which request was rejected, as it was not admissible under regulation. He was thereafter placed under the management of the Court of Wards. The petitioner had submitted a representation dated 15.09.2020 seeking information and documents under Right to Information 3/6
Act, 2005, with reference to this proceeding and to inspect the records of Madras Court of Wards Act, 1902, to which a response has been received that copies could not be provided, as there is voluminous of documents. Therefore, he is before this Court.
4. Heard the learned counsel on either side.
5. Considering the fact that the reason for not granting the request of the petitioner was only on the ground that there was voluminous documents, this Writ Petition stands disposed of with the following directions:- i) The petitioner shall go to the office of the third respondent/Public Information Officer/Deputy Commissioner of Archives and Historical Research, Chennai on 09.09.2024 at about 11.00 am., ii) The petitioner shall be permitted to peruse the records from 09.09.2024 to 20.09.2024 during the working hours and during the working days. He would peruse the records and flag the documents, which he would require. Thereafter, on or before 04.10.2024, the copies of the documents as requested by the petitioner shall be furnished to him by the Officer concerned. 4/6
iii) Mr.D.S.Nedunchezian, learned Government Advocate shall give necessary instructions in this regard to the Officer concerned. No costs.
Speaking : Yes / No 02.09.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm Note : Issue order copy on 03.09.2024 To 1.Public Information Officer/ Deputy Commissioner of Archives and Historical Research, Tamil Nadu Archives, Egmore, Chennai-8.
2.The Commissioner of Land Administration, Chepauk, Chennai.
3.The District Collector, Collectorate, Tirunelveli.
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P.T.ASHA, J.
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