Kerala High Court
Pravasi Legal Cell vs State Of Kerala on 7 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Thursday, the 7th day of November 2024 / 16th Karthika, 1946
WP(C) NO. 36106 OF 2024(S)
PETITIONER:
PRAVASI LEGAL CELL, REPRESENTED BY ITS PRESIDENT JOSE ABRAHAM,
D-144, HARI NAGAR, ASHRAM, NEW DELHI, PIN - 110 014.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
GENERAL ADMINISTRATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2. THE SECRETARY, DEPARTMENT OF GENERAL ADMINISTRATION, STATE OF
KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
3. STATE INFORMATION COMMISSION, REPRESENTED BY THE STATE INFORMATION
COMMISSIONER, C 14, 2071, PUNNEN RD, NEAR JACOBS JUNCTION,
VANROSS, PALAYAM, THIRUVANANTHAPURAM, KERALA, PIN - 695 001.
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
I. Issue a writ of mandamus or any other appropriate writ, order,
or direction commanding the Respondents to make the existing RTI web
portal (rtiportal.kerala.gov.in) comprehensive by integrating all
Regional, District, and Village-level offices, ensuring full compliance
with the directions of the Hon'ble Supreme Court in Ext.P2 Judgment-
Pravasi Legal Cell vs. Union of India, in both letter and spirit,
thereby enabling citizens, particularly expatriates, to submit RTI
applications and receive information and documents electronically;
II. Direct the State Government to facilitate the payment for the
supply of information through online modes such as net banking, UPI, and
other digital payment methods, instead of compelling applicants to make
payments physically at treasury offices.
P.T.O.
III. Pass any other order as this Hon'ble Court may deem fit and
proper in the interests of justice.
IV. Dispense with the English translation of documents in
vernacular language.
This petition coming again on for admission upon perusing the
petition and the affidavit filed in support of WP(C), this Court's order
dated 16/10/2024 and upon hearing the arguments of M/S. MANAS P HAMEED,
E.ADITHYAN, PAUL P. ABRAHAM, MARIYAMMA A.K. & IPSITA OJAL, Advocates for
the petitioner, SRI. K.P.HARISH, SENIOR GOVERNMENT PLEADER for R1 & R2
and of SRI. M.AJAY, Standing Counsel for R3, the court passed the
following:
P.T.O.
NITIN JAMDAR, C.J.
&
S.MANU, J.
=========================
W.P.(C) No.36106 of 2024
=========================
Dated this the 7th day of November, 2024
ORDER
NITIN JAMDAR, C.J.
Heard Mr.Manas P. Hameed, learned counsel for the Petitioner
and Mr.K.P.Harish, learned Senior Government Pleader for the official
Respondents.
2. The learned Senior Government Pleader has shown to us a
communication dated 7 November 2024 received from Mr.Sajeev K,
Under Secretary for the Additional Chief Secretary to the Government,
stating that the implementation of the RTI portal in the State of Kerala
can be completed within a period of eight months with an outer limit
of twelve months.
3. The Communication shows that the instructions are given by the
Under Secretary and the Additional Chief Secretary in ignorance, to give
benefit of doubt, of the Hon'ble Supreme Court, on 20 March 2023 in
W.P.(C)No.1040 of 2019 and connected case, where the Hon'ble
Supreme Court has already issued a direction to complete these exercise
within a period of three months. We have also not been informed that
the State of Kerala has asked for any extension from the Hon'ble
Supreme Court. The time limit eight months as sought cannot be
granted.
4. The Additional Chief Secretary will file a comprehensive affidavit
stating out the steps that will be taken, with a timetable.
5. Post on 21 November 2024.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
rp
07-11-2024 /True Copy/ Assistant Registrar
