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Madras High CourtWP(MD)/8564/2019dismissed

G.Ramasubramanian, v. The Principal Secretary /

2022-12-16Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Ramasubramanian ... Petitioner Vs.

1.The Principal Secretary / Commissioner, Commissioner of Archives and Historical Research, No.50/51, Gandhi Irwin Road, Egmore, Chennai - 600008.

2.The Director, Survey and Settlement Department, Survey House, Chepauk, Chennai - 600 005.

3.The District Collector, 4.The Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi, Virudhunagar District.

5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

6.The Public Information Officer / P.A. to Collector, ... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to provide copy of Adangal in Adangal No.7 and 9, Periyathikulam, Inam Chettikulam Village, Srivilliputhur Sub District, Ramnad District and to give details about the new survey numbers correlated to the land comprised in the said Adangal No.7 to 9 For Petitioner : Mr.S.M.Anantha Murugan For Respondents : Mr.M.Lingadurai, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner seeks copies of the petition mentioned revenue documents. He also wants the co-relation statements. 3.The petitioner had already invoked the provision of Right to Information Act. His efforts were vain. Even when the Information Commission directed the authorities to provide information, the authorities expressed their helplessness. In paragraph No.8 of the counter affidavit, it has been stated as follows:- 2/6

"8.With regard to the averments made in para 6 of the affidavit, it is submitted that the Tamilnadu Information Commission has passed final order in S.A.No.4431/2017 dated 17.04.2018, and directed 6th respondent to provide information within 15 days from the date of receipt of the order. The 6th respondent vide her office Rc.No.G3/5759/2017 dated 07.05.2018 informed the petitioner that there is no record in her office to provide correlation statement to the Inam Adangal No.7 and 9. The petitioner has also admitted that the Public Information Officer, attached with the Assistant Direct, District Land Survey and Settlement Office, Virudhunagar informed that there is no correlation record available to the Inam Adangal No.7 and 9, Periayathikulam, Inam Cheetikulam Village, Srivilliputhur Taluk.

However, the Settlement Officer (South), Survey and Settlement, Chennai and Public Information Officer, Tamil Nadu Archives and Research Center, was requested to send the correlation number of Adangal No.7 and 9 of Periayathikulam, Inam Cheetikulam Village, Srivilliputhur Taluk, Old Ramanathapuram District vide this office letter dated 12.08.2020. Also letter was wrote to the Principal Secretary / Commissioner of Archives and Research Center, Chennai for correlation number/FMB of Adangal Number 7 and 9 vide this office letter dated 05.09.2020."

4.The learned Special Government Pleader states that the respondents are not having any ill-motive and that they are not withholding any information. On account of sheer non-availability of records due efflux of time, they are unable to furnish the petitioner with the relevant information. 5.In these circumstances, I am not in a position to grant relief as prayed for. The writ petition stands dismissed. No costs. 16.12.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Principal Secretary / Commissioner, Commissioner of Archives and Historical Research, No.50/51, Gandhi Irwin Road, Egmore, Chennai - 600008.

2.The Director, Survey and Settlement Department, Survey House, Chepauk, Chennai - 600 005.

3.The District Collector, 4/6

4.The Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi, Virudhunagar District.

5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

6.The Public Information Officer / P.A. to Collector, 5/6

G.R.SWAMINATHAN, J.

ias 16.12.2022 6/6