2010 (1) TMI 524

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..... strative difficulties in providing information cannot be raised - the writ petition will stand dismissed
K. Chandru, J. Shri R. Neelakandan, GA, for the Petitioner. Shri G. Rajagopal, SC for M/s. G.R. Associates, for the Respondent. [Order]. - Heard both sides. 2. The petitioner is the Deputy Commissioner of Archives and Historical Research of Tamil Nadu Archives, Chennai. They have filed the writ petition seeking to challenge the order, dated 29-4-2009 issued by the first respondent. 3. It is seen that the third respondent claiming to be a Managing Partner of a Real Estate firm, asking for certain information from the office of the petitioner, relating to old maps, settlement records and title deeds and also the details of court of .....

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..... search Scholars, subject to such exceptions and restrictions as may be found necessary by the Departments concerned in consultation with the Commissioner of Tamil Nadu Archives and Historical Research." 6. However, as rightly overruled by the first respondent. Section 22 of the RTI Act has an overriding effect. Section 22 reads as follows : "22. Act to have overriding effect. - The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act." 7. Therefore, the petitioner cannot contend that the documents cannot be furnished without .....

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..... t and cannot handle if such requests are made to them as they are maintaining approximately 65 lakhs records. They also placed reliance upon Section 6(3) of the RTI Act, wherein a transfer of request of any applicant to the concerned department can be made. It was also stated that they cannot act as a public information officer for over 45 departments of the Government. Only the parent department will know the details of the documents sought for. 11. Since the Commission under Section 8 is entitled to overrule any objection if larger public interest warrants disclosure of such information, the question of taking umbrage under the exemption clause will not arise. Any objection will have to be raised before the Commission by the Department o .....

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