M.SUBRAMANIAM Vs. TAMIL NADU INFORMATION COMMISSION

JUDGEMENT

(1.) THIS writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records relating to the issue of impugned order by the first respondent in Lr.No.11803/D4/11 dated 11.04.2011 and quash the same and to direct the first respondent to issue appropriate orders to cause issue of the information sought for by the petitioner i.e., the document based on which the extent of lands belonging to the petitioner's father has been reduced from 6.93 acres (2.81 hectares) to 6.69 (2.71 hectares) in patta No.155 situate in Survey No.146/2 of Perur Village of Coimbatore Taluk and further to direct the first respondent to impose penalties on the respondents 2 and 3 and to recommend departmental action as mandated under the RTI Act. For Petitioner ORDER The petitioner has filed the present writ petition seeking to challenge an order dated 11.04.2011 issued by the State Information Commission advising the petitioner that his request on the information sought for cannot come within the purview of the Right to Information Act.

(2.) IT is seen from the records that the petitioner had initially sought an information from the second respondent relating to the land in Survey No.146/2 covered by patta No.155 and also wanted to know on what basis the patta was granted. When the same was not forthcoming, he had filed an appeal to the appellate authority, Revenue Divisional Authority, Coimbatore (South). It was informed by the Public Information Officer that the land showed in the land register only contains the extent of 271.0 hectares/Ares. The petitioner thereafter sent several communications seeking for further details with reference to the patta in the land covered and the basis for such coverage. Thereafter, he sent a complaint to the State Information Commission. The State Information Commission by the impugned order informed that only an information can be obtained from the RTI Act. There is no necessity to provide the basis for such decisions taken. Further there is no need to grant any explanation to the information available.

(3.) IN this context, it is necessary to refer to a judgment of the Supreme Court in Khanapuram Gandaiah Vs. Administrative Officer and others reported in (2010) 2 SCC 1. Though that case arose out of the court proceedings, the principles laid down therein will squarely apply to this case. Hence it is necessary to refer to the following passages found in paragraphs 10,12 and 13 of the said judgment which reads as follows :