(Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order, dated 21.07.2014, made in W.P.(MD)No.11753 of 2014.)

S. Manikumar, J.

1. Mr.A.K.Baskara Pandian, learned Special Government Pleader takes notice for the respondent No.1. In so far as respondent No.2 is concerned, notice is waived, as he is not the competent authority to issue patta.

2. Perusal of the prayer made in the Writ Petition in W.P.(MD) No.11753 of 2014 shows that Abdul Jalil, in his individual capacity, as President of the abovesaid Masjid, has sought for a Writ of Mandamus against the Tahsildar, Tenkasi Taluk, Thenkasi, Tirunelveli District, respondent No.1, to grant patta to the said masjid, for the vacant site of ten cents in T.S.No.221, Ward C, Block 32, Tenkasi Town, Tirunelveli District by considering his representation dated 19.05.2014 within a stipulated time.

3. Taking note of the prayer made in the earlier Writ Petition in W.P.(MD) No.20581 of 2013 and the orders passed thereon, dated 21.03.2014, the Writ Court vide order dated 21.07.2014 has dismissed W.P.(MD)No.11753 of 2014. Paragraphs 4 and 5 of the order dated 21.07.2014, are extracted hereunder:

"4. The only difference in the present writ petition is in the cause title of the petitioner. In the earlier writ petition, the Pallivasal itself was the petitioner represented by the President. Now, the President by name has filed the writ petition.

5. Therefore, it is clear case of abuse of process of law and the writ petition is dismissed. No costs."

4. Material on record discloses that earlier, when the petitioner, has made a request to the Public Information Officer, Tenkasi Municipality, Tenkasi, Tirunelveli District, to issue patta in respect of the subject lands stated supra, vide proceedings in R.C.No.2686/2013/F1, dated 23.07.2013, the Public Information Officer, Tenkasi Municipality, Tirunelveli District, has sent reply to the President, Masjid Mubarak Jumma Pallivasal, Pudumanai Mahallah, Sornapuram Street, Thenkasi, Tirunelveli District. The said representation seemed to have been made in the capacity of President Secretary, Masjid Mubarak Jumma Pallivasal, Pudumanai Mahallah, Sornapuram Street, Thenkasi, Tirunelveli District. Being aggrieved by the abovesaid reply of the Public Information Officer, the Writ Petition(MD)No.20581 of 2013 has been filed to quash the communication. Adverting to the averments and the prayer sought for, W.P.(MD)No.20581 of 2013, has been disposed of on 21.03.2014 and at paragraph No.4, the Writ Court has passed the following orders:

When the matter is taken up for consideration, in keeping the submission of the learned counsel for the petitioner, I have carefully perused the materials on record and I found that the impugned order is an information received by the petitioner under the Right to Information Act from the first respondent. In the said impugned order, the first respondent, the Public Information Officer, Tenkasi Municipality, has answered the queries raised by the petitioner. In the said impugned order, the first respondent, as a Public Information Officer, has informed the petitioner that the land belongs to Government and patta cannot be transferred. Since the impugned order was issued under the Right to Information Act, I am of the opinion that no direction can be given to the respondents 1 and 2 to issue patta in favour of the petitioners jamath. Therefore, this writ petition is liable to be dismissed. Accordingly, the same is dismissed. No costs. However, the petitioner can workout their remedy in the manner known to law.

5. Subsequently, Abdul Jalil, in the capacity of Secretary, Masjid Mubarak Jumma Pallivasal, Pudumanai Mahallah, Sornapuram Street, Thenkasi, Tirunelveli District, seemed to have made a representation dated 19.05.2014 to the Tahsildar, Thenkasi Taluk, Thenkasi, Tirunelveli District, to issue patta in respect of the subject lands. As the said representation was not responded, he has filed W.P.(MD)No.11753 of 2014 for mandamus directing the Tahsildar, Thenkasi Taluk, Tenkasi, Tirunelveli District, respondent No.1, to grant patta by considering the representation dated 19.05.2014. After considering the order made in W.P.(MD) No.20581 of 2013, dated 21.03.2014, and while adverting to the averments made in the subsequent Writ Petition(MD)No.11753 of 2014, the Writ Court has passed an order, as stated supra. Being aggrieved by the order made in the subsequent writ petition in W.P.(MD)No.11753 of 2014, the present Writ Appeal has been filed.

6. Assailing the correctness of the order, Mr.A.Haja Mohideen, learned Counsel appearing for the appellant submitted that when this Court vide order in W.P.(MD)No.20581 of 2013, dated 21.03.2014, has granted liberty to the appellant to work out his remedy in the manner known to law, in compliance of the same, the appellant has made a representation to the Tahsildar, Thenkasi Taluk, Thenkasi, Tirunelveli District, respondent No.1, on 19.05.2014, as he is the competent authority to issue patta under Rule 3 of the Tamil Nadu Patta Passbook Rules, 1987 r/w. Section 3 of the Tamil Nadu Patta Passbook Act.

7. Learned counsel appearing for the appellant further submitted that the Commissioner, Thenkasi Municipality, Thenkasi, Tirunelveli District, respondent No.2, is not the competent authority to issue patta. Though under the provisions of the Right to Information Act, 2005, vide proceedings in R.C.No.2686/2013/F1, dated 23.07.2013, he has replied to the appellant that the land belongs to the Government and that it is not feasible to transfer the patta and also referred to the judgment and the nature of the decree made in the Civil Suit, still the petitioner has got a right under the Patta Passbook Act and the rules framed thereunder to seek for issuance of patta from the competent authority. Learned counsel appearing for the appellant also submitted that there is no abuse of process of law, when liberty has been granted to pursue the remedy. He further stated that information furnished under the provisions of the Right To Information Act, 2005, would not curtail the rights of the parties, to challenge any order, if they are aggrieved, or approach the concerned authority who has passed any orders, adverse to them. Merely because the Commissioner, Thenkasi Municipality, Thenkasi, Tirunelveli District, respondent No.2, has been made as a party in the earlier Writ Petition (MD) No.11753 of 2014, the cause and the right of the appellant to seek for patta, is not lost or erased.

8. Mr.A.K.Baskara Pandian, learned Special Government Pleader was also heard.

9. Going through the material on record, we are in agreement with the submissions made by the learned counsel appearing for the appellant. Though the Commissioner, Thenkasi Municipality, Thenkasi, Tirunelveli District, respondent No.2, as a Public Information Officer, under the Right to Information Act, 2005, has replied to the appellant that the subject lands are Government lands and it is not feasible to transfer patta, under the provisions of the Tamil Nadu Patta Passbook Act and the rules framed thereunder, he is not the competent authority to issue/transfer patta. He has only informed the petitioner, as to the competence of the authority to issue patta. He has also stated that patta cannot be transferred. Role of the Public Information Officer is only to the extent of information sought for. He cannot restrict the right of the affected party to seek for appropriate remedy. The Tahsildar, Thenkasi Taluk, Thenkasi, Tirunelveli District, respondent No.1 is the competent authority. Therefore, when the right of the appellant is recognised by the order made in W.P.(MD) No.20581 of 2013, that is to work out his remedy in the manner known to law, certainly, the appellant has right to make a request to the competent authority. Merely because there is a change in the cause title as observed earlier, cause and right do not extinguish and still the appellant can work out his remedy, before the first respondent.

10. For the reasons stated supra, we are inclined to interfere with the impugned order made in W.P.(MD) No.11753 of 2014, dated 21.07.2014. Accordingly, the impugned order is set aside. The appellant is permitted to place all the material documents before the said authority. The Tahsildar, Thenkasi Taluk, Thenkasi, Tirunelveli District, respondent No.1, is directed to consider the representation of the petitioner dated 19.05.2014 and pass appropriate orders in accordance with the provisions of the Tamil Nadu Patta Passbook Act read with the rules framed thereunder. Principles of natural justice should not be violated. There may be interested parties. They should also be given opportunity. Orders to be passed within a period of four weeks from the date of receipt of a copy of this order.

11. In the result, the Writ Appeal is allowed with the above observations. No costs.