W.P.No.15263 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-06-2025 CORAM THE HONOURABLE MRS.JUSTICE N. MALA WP.No. 15263 of 2025 and WMP.No.17230 of 2025 M.Malarvizhi ...Petitioner Vs 1.The Tamilnadu Information Commission Repd. By State Information Commissioner, No.19 Government Farm Village, Panepet, Nandanam, Chennai 600035 2. The First Appellate Authority Sholinghur Tahsildar, Sholinghur Taluk Office, Sholinghur, Ranipet District 631102. 3. The Right To Information Officer Sholinghur Taluk Office, Sholinghur, Ranipet District 631102. 4. The Tahsildar Walajah Taluk Office, Walajah, Ranipet District 632513 .Respondent(s) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India seeking for a Writ of Certiorarified Mandamus to call for the entire records pertaining to order passed by the 1st respondent in NC.No.911/F/2022 (SA13905/F/2021) dated 14.11.2024 and quash the same and to consequently direct the respondents 2 to 4 to furnish all the information along with the certified documents as sought in the RTI Letter dated 09.07.2021 sent by the petitioner. Page No.1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15263 of 2025 For Petitioner: Ms.N.R.Jasmine Padma For Respondents: Mr. C. Vigneshwaran Standing Counsel Takes Notice For R1. Mr.V.Manoharan, Additional Govt Advocate Takes Notice For R2 To R4. ORDER This Writ Petition is filed seeking for a Writ of Certiorarified Mandamus to call for the entire records pertaining to the order passed by the 1st respondent in NC.No.911/F/2022 (SA13905/F/2021) dated 14.11.2024 and quash the same and to consequently direct the respondents 2 to 4 to furnish all the information along with the certified documents as sought in the RTI Letter dated 09.07.2021, sent by the petitioner, within the time stipulated by this court. 2. The petitioner had sent a request letter under Section 6(1) of RTI Act on 09.07.2021, seeking the following information from the 3rd respondent. i) certified copy of the list of documents submitted at the time of patta transfer (No.423) ii) From 2000-2014 has any other transaction happened on Page No.2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15263 of 2025 this property. If Yes, can you please provide the related documents. 3. The 3rd respondent rejected the petitioner's request letter vide Na.Ka.G/1319/2021 dated 03.08.2021, stating that the records relating to the patta in Patta No.423, for Survey No.312/6 were not available. Therefore, the petitioner preferred an appeal under Section 19(1) of Right to Information Act, 2005, to the second respondent, on 27.08.2021. Since the second respondent, also failed to furnish proper information, the petitioner preferred second appeal to the first respondent, who passed an order on 20.01.2022, directing the respondents 2 and 3, to furnish the information sought for by the petitioner. Despite the said order, the respondents 2 and 3 failed to furnish the relevant information. Therefore, the petitioner filed a WP.No.31067/2023, seeking directions to the 2nd & 3rd respondents to furnish information as directed by the 1st respondent in his order dated 20.01.2022 in S.A.13905/F/2021. The Writ Petition was disposed on 26.10.2023, giving liberty to the petitioner to canvas all his contentions in the non-compliance petition. After the said order, in the above writ petition, the petitioner came to know that his complaint petition was taken on file by the 1st respondent in Page No.3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15263 of 2025 NC/911/2022. The petitioner thereafter submitted representation for disposal of his complaint petitions and since no action was taken, filed W.P.No.19247 of 2024, which was disposed on 18.07.2024, directing the 1st respondent to consider and pass appropriate orders, within a period of four weeks. The petitioner states that even thereafter, no orders were passed and so the petitioner preferred a contempt notice to the 1st respondent. The first respondent thereafter passed the impugned order in NC.911/F/2022 on 14.11.2024. Aggrieved by the same, the petitioner filed the present writ petition seeking for the above stated relief. 4. Heard the learned counsel appearing on either side and perused the materials placed on record. 5. Initially the 3rd respondent did not furnish the information sought for by the petitioner and therefore she filed an appeal to the 2nd respondent. Since the 2nd respondent also did not furnish the relevant information, the petitioner filed a second appeal to the 1st respondent. The 1st respondent directed the 3rd respondent to furnish the information sought for by the petitioner by order Page No.4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15263 of 2025 dated 20.01.2022. 6. Pursuant to the directions of the 1st respondent, to the RTI queries of the petitioner, the 3rd respondent issued the following information on 11.03.2022. thp ir vz; nfhUk; jfty;fs; mspf;fg;gLk; jfty;fs; 1 gl;lh vz; ? 423 d; gl;lh khWjypd; nghJ tH';fg;gl;l Mtz';fy; ahit> buz;lho g[y vz; 312-6?y; gl;lh vz; 423 vd;gJ gjptpy; ,y;iy/ 2 nkw;go gl;lhtpy; 2000 Kjy; 2014 tiu khWjy; bra;ag;gl;l tptuk;> nkw;go Fwpg;gpl;l buz;lho g[y vz; 312-6?y; cl;gphppt[ VJk; ,y;iy/ t/v z; nfhug;gLk; jfty; tH';fg;gLk; jfty; 1 gl;lh vz; 423?d; gl;lh ghpkhw;wj;jpd nghJ rkh;g;gpf;fg;gl;l Mtz';fspd; gl;oaypd; rhd;wspf;fg;gl;l efy;fs; nfhhp nrhsp';fh; tl;lk;. buz;lho fpuhkk; g[yvz;/312-6 UDR 'm' gjpntl;oy; gl;lh vz; 423 gjpthfpa[s;sJ/ jkpH;epy fzpdp rpl;lhtpw;F Kd;ghd fzpdp rpl;lh kw;Wk; if rpl;lhtpy; jh;kyp';fk; bgahpy; gjpthfpa[s;sJ/ jkpH;epy ,iza tHp fzpdp rpl;lhtpy; gjpt[ ,y;iy/ vz; 423 vd;gJ gjptpy; ,y;iy/ jw;nghJ ,iza tHp gl;lh khWjypy; gl;lh vz; 3335 vd gjpthfpa[s;sJ/ mjw;fhd ,iza tHpapy; gjptpwf;fk; bra;ag;gl;l Mtz';fs; ,j;Jld; ,izf;fg;gl;Ls;sJ/ 2 nkw;go gl;lh vz;zpy; 2000 Kjy; 2014 tiu khWjy; VnjDk; nkw;go 2000?2014 fhyj;jpy; ,r;brhj;jpd; kPJ Page No.5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15263 of 2025 t/v z; nfhug;gLk; jfty; tH';fg;gLk; jfty; ele;jpUg;gpd; mjd; Mtz';fs; nfhhp nkw;bfhs;sg;gl;l ghpth;jd Fwpj;J ,t;tYtfj;jpy; Mtz';fs; VJk; guhkhpg;gpy; ,y;iy vd jfty; tH';fg;gLfpwJ/ 7. The petitioner not being satisfied with the information furnished by the 3rd respondent, submitted a complaint application to the 1st respondent in NC.No.911/F/2022 and thereafter the 1st respondent disposed of the same vide impugned order dated 14.11.2024. Aggrieved over the same, the petitioner has filed the Writ Petition for the above stated relief. 8. From the impugned order, it emerges that the 1st respondent, on the basis of the affidavit filed by the 3rd respondent, recorded that the information sought by the petitioner regarding Patta No.423, had already been furnished. As regards the transactions between 2000-2014, relating to the subject property are concerned, the 1st respondent accepted the explanation of the 3rd respondent that owing to bifurcation of Walaja Taluk with effect from Page No.6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15263 of 2025 01.01.2020, and despite search, the documents could not be traced. The 1st respondent also noted that joint patta was issued in favour of the petitioner and her sisters, pursuant to the demise of their father, under an unregistered Will executed by him. It is pertinent to note here that the aforesaid statement of the 1st respondent, is corroborated by the petitioner's averment in para 4 of the affidavit. Further, the 3rd respondent in his sworn affidavit gave explanation for his inability in tracing the documents. The explanation of the 3rd respondent being convincing, it was accepted by the 1st respondent. In the absence of any allegation of malafides or perversity, and considering that the explanation of the 3rd respondent was reasonable it was accepted by the 1st respondent. The 1st respondent as a statutory authority, in my view, has exercised the discretion vested in him fairly, justly and reasonably and therefore I find no imperative reasons to interfere with the same. 9. In my view, the impugned order, being a reasoned exercise of statutory discretion, does not suffer from any infirmity warranting interference by this court, under Article 226 of the Constitution. 10. In the result, this writ petition is dismissed. Consequently, Page No.7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15263 of 2025 connected miscellaneous petition is closed. No costs. 27-06-2025 Index:Yes/No Speaking/Non-speaking Order Neutral Citation:Yes/No To 1. The Tamilnadu Information Commission Repd. By State Information Commissioner, No.19 Government Farm Village, Panepet, Nandanam, Chennai 600035. 2. The First Appellate Authority Sholinghur Tahsildar, Sholinghur Taluk Office, Sholinghur, Ranipet Dt 3. The Right To Information Officer Sholinghur Taluk Office, Sholinghur, Ranipet District 631102. 4. The Tahsildar Walajah Taluk Office, Walajah, Ranipet District 632513. N. MALA.,J. Gv Page No.8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15263 of 2025 WP.No. 15263 of 2025 and WMP.No.17230 of 2025 27.06.2025 Page No.9 of 9 https://www.mhc.tn.gov.in/judis