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Madras High CourtWP(MD)/26743/2022disposed of

Rajaram.S v. The State Information Commissioner

2022-11-28Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.26743 of 2022 S.Rajaram .. Petitioner Vs.

1.The State Information Commissioner, Office of the State Information Commission, Block No.19, Government Form Village, Fanepet, Nanthanam, Chennai-600 035.

2.The District Collector, Trichy District, Trichy.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Srirengam Division, Vennankovil, Trichy District.

4.The Tahsildar, Marungapuri Taluk Office, Marungapuri, Trichy District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the fourth respondent to comply the order of the first respondent in S.A.No.10155/Enquiry/E/2021, dated 21.09.2021 and furnishing the documents based upon the RTI Application dated 31.12.2020.

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For Petitioner : Mr.R.Manickam For R1 : Mr.B.Saravanan Standing Counsel For R2 to R4 : Mr.D.Gandhiraj Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the fourth respondent to comply with the order of the first respondent in S.A.No.10155/Enquiry/E/2021, dated 21.09.2021 and furnish the documents based upon the RTI Application, dated 31.12.2020. 2.Heard Mr.R.Manickam, learned counsel appearing for the petitioner, Mr.B.Saravanan, learned Standing Counsel, who takes notice for the first respondent and Mr.D.Gandhiraj, learned Special Government Pleader, who takes notice for the respondents 2 to 4. By consent of both parties, this writ petition is taken up for final disposal.

3. The grievance of the petitioner is that the details required by the petitioner under the RTI Application has not been provided to the petitioner and the directions issued by the first respondent in the RTI Appeal filed by the petitioner has not been complied with by the fourth respondent. 2/5

4. The learned counsel for the petitioner submitted that the petitioner, regarding the patta transfer in Survey No.191/2A, made the RTI Application before the fourth respondent seeking the documents, based on which the patta for the said property has been changed. Since the same was not considered, the petitioner filed RTI Appeal before the second respondent. The First Appellate Authority/ second respondent failed to consider the same. Hence, the petitioner preferred RTI Appeal before the first respondent on 31.07.2021. The first respondent after enquiry, directed the fourth respondent to furnish the documents as required by the petitioner and permit the petitioner to peruse the entire records regarding the disputed patta. But, till date, no action has been taken by the fourth respondent to comply with the said order, dated 21.09.2021. Hence, the petitioner has filed the present writ petition.

5. It is seen that the first respondent by order dated 21.09.2021, directed the fourth respondent to furnish the details as required by the petitioner under the RTI Application dated 31.12.2020 and also directed the fourth respondent to permit the petitioner to peruse the entire records relating to the disputed patta in the office of the fourth respondent under video surveillance. 6.Accordingly, the fourth respondent is directed to comply with the above said order dated 21.09.2021 passed by the first respondent in the RTI 3/5

Appeal filed by the petitioner and provide the documents as required by the petitioner within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

28.11.2022 Index : Yes/No Internet : Yes/No ta To 1.The State Information Commissioner, Office of the State Information Commission, Block No.19, Government Form Village, Fanepet, Nanthanam, Chennai-600 035.

2.The District Collector, Trichy District, Trichy.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Srirengam Division, Vennankovil, Trichy District.

4.The Tahsildar, Marungapuri Taluk Office, Marungapuri, Trichy District.

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V.BHAVANI SUBBAROYAN, J.

ta Order made in W.P.(MD) No.26743 of 2022 28.11.2022 5/5