Kerala RTI case: Survey Director told to pay ₹1 lakh compensation to 82-year-old applicant

The Kerala State Information Commission has directed the Director of the Department of Survey and Land Records, Dr. J.O. Arun, to pay ₹1 lakh in compensation to an 82-year-old applicant who was denied the right to inspect his property records under the Right to Information (RTI) Act. The order, issued on August 19, also imposes a fine of ₹20,000 on the former Public Information Officer (PIO) who had given a false and misleading reply.

The case dates back to 2013, when Kurien George, a resident of Kollam, filed an RTI application with the Directorate of Survey and Land Records. He sought permission to personally inspect the file concerning the extent of his property, which was held at the Kollam Survey Superintendent’s office. Although the application was transferred to the Kollam District Survey Superintendent under Section 6(3) of the RTI Act, 2005, the PIO at the time, P. Vishwambharan, did not grant the inspection. Instead, he provided an incorrect reply, leading George to file a first appeal, which also failed.

George then approached the State Information Commission. After prolonged proceedings, the Kerala High Court referred the appeal petition to the Commission for final consideration. The Commission conducted a hearing in which the then PIO—who had since retired—and the first appellate authority were made additional respondents.

In its order, the Commission found that Vishwambharan had committed a serious violation of the RTI Act by denying the applicant his legal right to inspect records. A fine of ₹20,000 was imposed on him. The Survey Director, who appeared before the Commission, admitted the lapses by his office and assured that steps would be taken to prevent recurrence. However, the Commission noted that an apology was insufficient to address the physical, mental, and financial hardship suffered by George over the years.

Under Section 19(8)(b) of the RTI Act, Information Commissions can order compensation to be paid to applicants who have faced losses due to the actions of public authorities. This provision was invoked in the order, making it a significant example of accountability in the implementation of the transparency law.

The decision highlights the importance of the RTI Act in ensuring citizens’ rights to information, and the role of Information Commissions in upholding those rights even when public officials fail to comply. It also serves as a reminder to public authorities that delays or denials of information can attract both fines and compensation orders.

Kurien George, now 82 years old, waited over a decade for the matter to be resolved. The compensation amount, though modest, is a recognition of his persistence and the systemic failure he faced.

The order has been welcomed by transparency activists, who say it reinforces the need for public officials to adhere to the timelines and procedures laid down in the RTI Act. They also stress that such orders are necessary to deter arbitrary conduct by PIOs and appellate authorities.