Kerala High Court
K.R.Sukumaran vs State Of Kerala on 2 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 13227 OF 2011
PETITIONER:
K.R.SUKUMARAN
SUPERINTENDENT, CHENGANNUR MUNICIAPALITY,
CHENGANNUR(FORMER STATE PUBLIC INFORMATION, OFFICER,
MANJERI MUNICIPALITY)
BY ADV C.B.SREEKUMAR
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY TO GOVERNMENT,, LOCAL SELF GOVERNMENT
DEPARTMENT,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695 001.
2 THE STATE INFORMATION COMMISSION
PUNNEN ROAD, THIRUVANANTHAPURAM-695039, REP. BY STATE
CHIEF INFORMATION COMMISSIONER.
3 THE SECRETARY
MANJERI MUNICIPALITY, MANJERI, PIN-676 121
4 ANVAR IBRAHIM
PALATHUMOOLAYIL VEEDU, NELLIKKUNNU P.O.,, MALAPPURAM-
680005
BY ADVS.
M.AJAY
M.P.ASHOK KUMAR
SRI. MATHEW G. VADAKKEL, GP
SRI. M. AJAY, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13227 OF 2011
2
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No.13227 OF 2011
===================
Dated this the 2nd day of July 2021
JUDGMENT
Petitioner is a retired government employee. Ext.P6 is
an order passed by the State Information Commission
imposing penalty on this petitioner. Ext.P6 is challenged in
this writ petition. According to the petitioner, he was
appointed as Public Information Officer of Manjeri Municipality
as per Ext.P1 order. According to him, he was in charge of
Information Officer till he was transferred to Chengannur
Municipality as per order dated 06.04.2010. Ext. P1 order is
dated 20.10.2008. It is submitted that, after assuming charge
on 24.10.2008 by the petitioner based on Ext.P1 order, the 4 th
respondent made an application under Section 6(1) of the
Right to Information Act seeking information regarding the
WP(C) NO. 13227 OF 2011
action taken on a petition submitted by his mother Smt.
Mymoona Irikunnan on 13.06.2008 for 'Karshaka Thozhilali
Pension'. According to the petitioner, on receipt of the
application, the petitioner had taken steps to give reply to the
same and on search, it was found that the said application of
Smt. Mymoona is missing. Hence, after taking further follow
up action in the matter so as to trace out the said application
of Smt. Mymoona, the petitioner sent a reply to the 4 th
respondent intimating him that, the application of said Smt.
Mymoona is found missing and the steps will be taken to
locate application. On further enquiry, the petitioner
submitted that, the clerk who was dealing with the file was
relieved of his duties from the office of the Manjeri
Municipality and she joined duty at Education Department.
According to the petitioner, when she handed over the charge,
the pension application of Smt. Mymoona was not handed
over to him. Hence, an explanation was sought from her on
04.11.2008. Since she was on maternity leave she could not
WP(C) NO. 13227 OF 2011
come to the office to search out the application. Therefore,
the learned counsel for the petitioner submitted that, there is
a delay in follow up action.
2. In the meanwhile, the 4th respondent filed a
complaint on 21.12.2008 under Section 18(1) of Right to
Information Act before the 2nd respondent. The said
complaint is numbered as C.P. No. 1385(5)/SIC/08 and in that
proceedings the petitioner submitted a reply to the effect
that, the application submitted by the mother of the 4 th
respondent misplaced or lost and if a fresh application is
submitted by Smt. Mymoona, it would be considered. Ext. P2
is the order passed by the 2nd respondent in which it is stated
that, the petitioner in that proceedings is free to submit
another application for getting the details of the pension
application of his mother.
3. Thereafter, pursuant to Ext.P2, the 4 th respondent
on behalf of his mother Smt. Mymoona preferred an
application for widow pension on 22.07.2009 and as per
WP(C) NO. 13227 OF 2011
Resolution No.31 dated 17.12.2010 the pension was ordered.
In the meantime, in connection with the election in the Local
Self Government Institution, all steps ancillary to Social
Welfare Pension has been stopped, the petitioner submitted.
According the petitioner, because of that situation, some delay
occurred in the matter. In the meanwhile, the 4 th respondent
again filed a complaint before the 2 nd respondent and it was
numbered as C.P. No. 93(3)/2010/SIC alleging that, he was
not provided with any information by the State Information
Officer, Manjeri Municipality, Malappuram for the RTI
application made by him on 24.12.2008. The petitioner
submitted that, he was transferred to Chenganur Municipality,
as per Ext.P3 order. The learned counsel for the petitioner
submitted that, Sri. Anwar Ibrahim submitted number of
petitions under RTI Act before the Manjeri Municipality. The
learned counsel for the petitioner submitted that, the
application in this case was received by the Section concerned
as per the register, but the same was not forwarded to the
WP(C) NO. 13227 OF 2011
petitioner by the Officer concerned, which is evident form
Ext.P4 extract of the Distribution Register maintained in the
Manjeri Municipality. Hence, the contentions of the petitioner
is that, the same could not be noticed by the petitioner and
he was not aware of the said petition. According to the
petitioner, Ext.P5 reply was also submitted. The grievance of
the petitioner is that, Ext.P6 order is passed without
considering all the contentions of the petitioner.
4. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the 2nd respondent.
5. After hearing both sides, I think the impugned order
can be set aside and the 2 nd respondent can be directed to
reconsider the matter. All the contentions of the petitioner in
the writ petition are left open. The petitioner can produce all
documents and a copy of this writ petition also before the 2 nd
respondent so that all the contentions of the petitioner can be
considered by the 2nd respondent. Therefore, this writ petition
is allowed in the following manner;
WP(C) NO. 13227 OF 2011
1) Ext.P6 order is set as side.
2) 2nd respondent is directed to re consider the entire
issue after giving an opportunity of being heard to the
petitioner and other affected parties.
3) The petitioner will produce a copy of this judgment
along with a copy of this writ petition to the 2 nd respondent.
While passing final order, the 2 nd respondent will consider all
the contentions of the petitioner including the contentions
raised in this writ petition.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 13227 OF 2011
APPENDIX OF WP(C) 13227/2011
PETITIONER ANNEXURE
EXHIBIT P1 PHOTO COPY OF THE ORDER NO. E1.14/08
DATED 20.10.2008 BY SECRETARY, MANJERI
MUNICIPALITY.
EXHIBIT P2 PHOTO COPY OF THE ORDER IN C.P.NO. 1385
(5)/SIC/08 DATED 13.07.2009.
EXHIBIT P3 PHOTO COPY OF THE ORDER BEARING NO. G1-
14/08 DATED 06.04.2010.
EXHIBIT P4 PHOTO COPY OF THE RELEVANT EXTRACT OF THE
DISTRIBUTION REGISTER MAINTAINED IN THE
MANJERI MUNICIPALITY.
EXHIBIT P5 PHOTO COPY OF THE REPLY OF THE PETITIONER
DATED 28.10.2010.
EXHIBIT P6 PHOTO COPY OF THE ORDER IN C.P. NO.
93(3)/2010/sic DATED 25.02.2011.
// True Copy //
PA to Judge
