Kerala High Court
Biju C.R vs The Principal General Manager & ... on 6 August, 2025
WP(C) NO. 42078 OF 2024 1
2025:KER:58860
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 42078 OF 2024
PETITIONER:
BIJU C.R.,
AGED 53 YEARS
S/O.P. CHELLAPPAN PILLAI, POLICE QUARTERS,E5,
POLICE STATION COMPOUND, TRIPUNITHURA, ERNAKULAM,
DISTRICT, PIN - 682301
BY ADVS.
SRI.BABU S. NAIR
SMT.SMITHA BABU
SRI.P.A.RAJESH
SHRI.PRANAV
SRI.K.P.DHANEESH
SHRI.SIDDHARTH KARUN PISHARODY
RESPONDENTS:
1 THE PRINCIPAL GENERAL MANAGER & APPELLATE
AUTHORITY,
BHARAT SANCHAR NIGAM LIMITED, BSNL BHAVAN,
KALATHIPARAMBU ROAD, ERNAKULAM,
KOCHI, PIN - 682016
2 THE DEPUTY GENERAL MANAGER & CHIEF PUBLIC
INFORMATION OFFICER,
OFFICE OF THE PRINCIPAL GENERAL MANAGER, BHARAT
SANCHAR NIGAM LIMITED, KOCHI, ERNAKULAM DISTRICT,
PIN - 682016
3 *ADDL.R3:
THE CHIEF INFORMATION COMMISSIONER,
CENTRAL INFORMATION COMMISSION, CIC BHAVAN, BABA
GANGNATH MARG, MUNIRKA, NEW DELHI, PIN-110 067.
WP(C) NO. 42078 OF 2024 2
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(*ADDL.R3 IS IMPLEADED AS PER ORDER DATED
16.06.2025 IN IA NO.1/2025 IN WP(C)
NO.42078/2024.)
BY ADV SRI.JOHNSON GOMEZ
OTHER PRESENT:
SRI. MATHEWS K. PHILIP, SC, BSNL;
SMT. O.M. SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 42078 OF 2024 3
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JUDGMENT
The petitioner had sought information under the Right to
Information Act, 2005, as seen Ext.P1 dated 10.09.2024, as to
whether from any office of the BSNL in Kerala, the call details of
his BSNL connection bearing number 9447050211 were furnished to
any third party between 01.01.2021 and 10.09.2024. On receipt of
the said application, the 2nd respondent had forwarded the
application to all the business areas of BSNL, as seen from Ext.P2
dated 13.09.2024. It is also seen that through Exts.P3 to P11,
information was furnished to the petitioner. However, through
Ext.P12, the information sought from the Ernakulam business area
was refused, citing Section 8(1)(h) of the Right to Information Act,
2005. The petitioner challenged the same by filing Ext.P13, which
resulted in Ext.P14, wherein the same reason is stated.
2. The specific case of the petitioner is that the petitioner
was not heard, and the reason stated in Ext.P14 cannot be
sustained.
3. After hearing the learned counsel for the petitioner
and the learned counsel appearing for the BSNL, it is clear that the
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BSNL never had any objection when they issued Exts.P3 to P11
information. There is no reason why information could have been
refused by one area alone. Since the petitioner is not stated to be
an accused, primafacie, I am inclined to accept the contention of the
petitioner that Section 8(1)(h) is inapplicable to the petitioner.
However, since I am quashing Ext.P14 on the ground that the same
was passed without putting the petitioner on notice, there will be a
direction to the 1st respondent appellate authority to rehear
Ext.P13 appeal with notice to the petitioner and after affording an
opportunity of hearing to him. Fresh orders shall be passed within
one month from the date of receipt of a copy of this judgment. It
will be open to the petitioner to produce such
materials/submissions to substantiate his contentions, which will
be adverted by the 1st respondent while passing orders as directed
above.
The impugned orders are quashed, and the writ petition is
allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
2025:KER:58860
APPENDIX OF WP(C) 42078/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED, 10-9-2024
Exhibit P2 A TRUE COPY OF THE REPLY SUBMITTED BY
THE 2ND RESPONDENT TO THE PETITIONER
DATED, 13-9-2024
Exhibit P3 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER FROM BSNL, MALAPPURAM DATED,
21-9-2024
Exhibit P4 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER FROM BSNL, THRISSUR DATED,
9-10-2024
Exhibit P5 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER FROM BSNL, KOLLAM DATED, 8-
10-2024
Exhibit P6 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER FROM BSNL, KOTTAYAM DATED,
8-10-2024
Exhibit P7 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER FROM BSNL, ALAPPUZHA DATED,
28-9-2024
Exhibit P8 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER FROM BSNL, KOZHIKKODE DATED,
19-9-2024
Exhibit P9 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER FROM BSNL, PALAKKAD DATED,
27-9-2024
Exhibit P10 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER FROM BSNL, KANNUR DATED, 3-
10-2024
Exhibit P11 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER FROM BSNL, PATHANAMTHITTA
DATED, 8-10-2024
Exhibit P12 A TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER BY THE 2ND RESPONDENT DATED,
8-10-2024
Exhibit P13 A TRUE COPY OF THE APPEAL SUBMITTED BY
THE PETITIONER BEFORE THE FIRST
RESPONDENT DATED, 10-10-2024
Exhibit P14 A TRUE COPY OF THE ORDER PASSED BY THE
FIRST RESPONDENT IN APPEAL, DATED, 8-
11-2024
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Exhibit P15 A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
FIRST RESPONDENT DATED, 16-11-2024
Exhibit P16 A TRUE COPY OF THE ORDER PASSED BY THE
FIRST RESPONDENT DATED, 22-11-2024
