R. Vasudevan vs The State Information Commissioner
2024 Latest Caselaw 9209 Ker

Citation : 2024 Latest Caselaw 9209 Ker
Judgement Date : 3 April, 2024

Kerala High Court

R. Vasudevan vs The State Information Commissioner on 3 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                    WP(C) NO. 42237 OF 2023
PETITIONER:

         R. VASUDEVAN,
         AGED 73 YEARS
         S/O. LATE RAMASWAMY,
         AMBOOTHIRIPARAMBU HOUSE,
         CHATHAMANGALAM P.O., NEMMARA,
         CHITTUR TALUK, PALAKKAD, PIN - 678508

         BY ADVS.
         GEORGE SEBASTIAN
         ARUN LUCKOSE ABRAHAM


RESPONDENTS:

    1    THE STATE INFORMATION COMMISSIONER,
         THE STATE INFORMATION COMMISSION,
         PUNNEN ROAD, THIRUVANANTHAPURAM,
         REPRESENTED BY ITS SECRETARY, PIN - 695001
    2    THE DEPUTY INSPECTOR GENERAL OF REGISTRATION (1ST
         APPELLATE AUTHORITY UNDER THE RIGHT TO
         INFORMATION ACT),
         NORTHERN REGION, NEAR SAHITHYA ACADEMY,
         CHEMBUKAVU P.O., THRISSUR, PIN - 680020
    3    THE DISTRICT REGISTRAR( GENERAL) PALAKKAD,
         (THE STATE PUBLIC INFORMATION OFFICER UNDER THE
         RIGHT TO INFORMATION ACT),
         OFFICE OF THE DISTRICT REGISTRAR,
         KENATHUPARAMBU, KUNATHURMEDU, CIVIL STATION,
         PALAKKAD, PIN - 678013
 WP(C) No.42237 of 2023


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            BY ADVS
            SRI.M. AJAY, STANDING COUNSEL
            SMT.REKHA C. NAIR, SENIOR GOVERNMENT PLEADER


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   03.04.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.42237 of 2023


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                         JUDGMENT

Dated this the 3rd day of April, 2024

The petitioner had filed Ext.P1 application under the

Right to Information Act, 2005 before the 3rd respondent-

District Registrar (General), Palakkad seeking copies of the

Memorandum of Association and Articles of Association of a

Registered Society by name Chathamangalam Ezhava

Samudhaya Samsarika Sangadana having its registration

number as PKD/TC/36/1997.

2. The petitioner was given Ext.P2 reply by the

3rd respondent stating that those documents could not be

traced. The petitioner preferred Ext.P3 appeal before the

2nd respondent. By Ext.P4, the 2 nd respondent directed the

3rd respondent to trace out the documents and handover the

same to the petitioner within 21 days. It was also stated that

the petitioner can file an appeal within 90 days, if the

petitioner is aggrieved. The 3rd respondent, without taking

any earnest efforts as directed in Ext.P4, informed the

petitioner by Ext.P5 that they could not trace out the

documents.

3. The petitioner preferred Ext.P6 appeal dated

07.08.2023 before the 1st respondent. Ext.P8 communication

was issued from the office of the 1 st respondent to the 2nd

respondent seeking a detailed report along with copies of the

relevant documents before 15.10.2023. It was also directed

that a copy of the same has to be furnished to the petitioner.

The petitioner was not issued with copies of the documents as

directed in Ext.P8.

4. The petitioner states that the 2nd respondent has

not complied with Ext.P8 direction of the 1 st respondent. The

information sought by the petitioner is necessary to be

produced in the litigation pending and to be filed. Therefore,

the writ petition is for a direction to dispose of Ext.P6 statutory

appeal within a time frame and for a direction to comply with

Exts.P4 and P8.

5. Standing Counsel entered appearance on behalf of

the 1st respondent. The Standing Counsel denied all the

allegations made by the petitioner against the 1 st respondent.

The Standing Counsel submitted that without referring to any

of the contentions taken in this writ petition by the petitioner,

Ext.P6 appeal can be considered since Ext.P6 appeal is of a

statutory nature.

6. Taking into consideration the facts of the case, I am

inclined to dispose of the writ petition with a direction to the 1 st

respondent to consider Ext.P6 appeal filed by the petitioner

under Section 19(2) of the Right to Information Act, 2005 in a

time bound manner.

The writ petition is accordingly disposed of directing the

1st respondent-State Information Commissioner to consider

and pass appropriate orders on Ext.P6 appeal filed by the

petitioner, within a period of two months after giving

opportunity of hearing to the petitioner.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 42237/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 02.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE REPLY DATED 23.06.2023 BEARING NO.

DRGPKD/1076/2023-G3/RTI ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 03.07.2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE ORDER DATED 31.07.2023 BEARING NO.

                   DIGTSR/156/2023-DIG.1    OF    THE   2ND
                   RESPONDENT
Exhibit P5         A TRUE COPY OF THE COMMUNICATION

BEARING NO. DRGPKD/1076/2023-G3/RTI DATED 21.08.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 07.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P7 A TRUE COPY OF THE COMMUNICATION DATED 19.08.2023 BEARING NO.14994/SIC-

G6/2023 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER Exhibit P8 A TRUE COPY OF THE COMMUNICATION BEARING NO. 16322/SIC-G6/2023 DATED 30.09.2023 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT