I.ISMAIL Vs. TAMIL NADU STATE INFORMATION COMMISSION

JUDGEMENT

(1.) The central issue that arises for consideration in this case is whether the Victoria Edward Hall Society (in short, "Victoria Society") is a public authority under Sec. 2(h) of the Right to Information Act, 2005 (the RTI Act). Ancillary issues relating to whether information may be called for under the RTI Act even from a private body and whether the impugned summons is actuated by malice also arise. Besides, an issue of non-joinder was raised.

(2.) The narrative begins from 1911 when G.O.Ms.No.254, Revenue Department, dtd. 27/1/1911 (G.O.Ms.No.254) was issued. By G.O.Ms.No. 254, land of an extent of 72 cents was granted to the Victoria Society. The said Government Order also adverts to the sale of 1.11 acres with exemption from ground rent. G.O.Ms.No.254 is subject to conditions. The first condition is that the whole extent of 1.83 acres of land (72 cents + 1.11 acres) shall be used for the construction of a town hall, museum and library. The second condition is that if the land is not used for the purpose for which it was granted or at all, the Government is entitled to resume 72 cents and impose the full ground rent as regards 1.11 acres. The 1.11 acres of land was sold subsequently to the Victoria Society by sale deed dtd. 26/3/2012. This sale deed also is subject to the conditions set forth in G.O.Ms.No.254, but is for a consideration of Rs.7,000.00. The said sale does not appear to be subject to resumption by the State.

(3.) The salience of the above mentioned facts would become evident only upon entering into the heart of the controversy. The petitioner received a summons dtd. 2/8/2021, which has been issued by the Assistant Registrar, Tamil Nadu Information Commission. Such summons was issued by exercising powers under Sec. 18(3) of the RTI Act. By such summons, the petitioner was summoned to appear before the Commission at 10.30 AM on 12/8/2021 to provide information relating to the list of members of the Victoria Society from 2014-15 to 2018-19; the list of members whose names have been deleted from the membership of the Victoria Society in the last twenty years; and the bylaws including all amendments with regard to the Victoria Society.