2010 (1) TMI 524

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....ertain information from the office of the petitioner, relating to old maps, settlement records and title deeds and also the details of court of wards. On receipt of the requisition from the third respondent, the petitioner informed the Central Land Survey Office, Chepauk that they should send two staff for one month period to take over the records from the Archives. They have also stated that they should provide the District, Taluk and village numbers and a complete record, for which records are required. A copy of the letter, dated 31-10-2008 was also marked to the third respondent. Further, a letter was also sent to the Land Reforms Department, Chepauk with reference to providing settlement records, title deeds and court of wards index. T....

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.... effect by virtue of any law other than this Act." 7. Therefore, the petitioner cannot contend that the documents cannot be furnished without the concerned department's consent. To obviate this difficulty, the Commission in the impugned order had stated that in order to ascertain the concerned department's objection, the petitioner Archives must notify to those departments. Such department in case of any objection should submit their objection within 10 days in the normal circumstances. However, in case of documents which are more than 20 years old, since Section 8(3) itself de-classifies those documents, there is no difficulty for the Archives to provide those documents even without consulting the concerned department. 8. Section 8(3) re....

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....ion of taking umbrage under the exemption clause will not arise. Any objection will have to be raised before the Commission by the Department of Archives or on notice by the archives the concerned department. Even then, the Commission can decide disclosure of such information was required in public interest. The Commission has clearly stated that the so-called owner of the document can only be like a third party and subject to provisions of Section 11 of the RTI Act and that they can forward the objections made by the concerned department. 12. In so far as documents which are more than 20 years old, Section 8(3) itself declassifies those documents. The petitioner Tamil Nadu Archives is a "public authority" within a meaning of Section 2(h) ....