Kerala High Court
Job Scaria @ Job Zachariah vs State Information Commission Kerala on 16 September, 2025
WP(C) NO. 27090 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 16TH DAY OF SEPTEMBER 2025 / 25TH BHADRA, 1947
WP(C) NO. 27090 OF 2025
PETITIONER:
JOB SCARIA @ JOB ZACHARIAH
AGED 34 YEARS
S/O SCARIA K.S, RESIDING AT, KAURISSUMMOOTTIL HOUSE,
PUTHENTHERUVU, MUNDANCAVE, CHENGANNNUR P.O, ALAPPUZHA
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SCARIA
K.S, S/O K.M SCARIA, AGED 61 YEARS RESIDING AT,
KAURISSUMMOOTTIL HOUSE, PUTHENTHERUVU, MUNDANCAVE,
CHENGANNNUR P.O, ALAPPUZHA, PIN - 689121
BY ADVS.
SRI.DIPU.R
SRI.K.S.BAIJU
SHRI.K.V. SREEMITHUN
SMT. DEVI KRIPA R.
SMT.DHANYA BABU
SMT.NEETHU SASI
SMT.ANSU SARA MATHEW
RESPONDENTS:
1 STATE INFORMATION COMMISSION KERALA
REPRESENTED BY CHIEF INFORMATION COMMISSIONER,
PUNNEN ROAD, THIRUVANANTHAPURAM, PIN - 695001
2 THE JOINT SECRETARY
STATE INFORMATION COMMISSION, KERALA,
PUNNEN ROAD, THIRUVANANTHAPURAM, PIN - 695001
3 THE REVENUE DIVISIONAL OFFICER, [RDO]
CHENGANNUR, APPELLATE AUTHORITY UNDER RTI ACT,
REVENUE DIVISIONAL OFFICE, CHENGANNUR PO,
ALAPPUZHA, PIN - 689121
WP(C) NO. 27090 OF 2025
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4 STATE PUBLIC INFORMATION OFFICER [SPIO],
SENIOR SUPERINTENDENT, REVENUE DIVISIONAL OFFICE,
CHENGANNUR PO, ALAPPUZHA DIST, PIN - 689121
OTHER PRESENT:
SRI. M. AJAY, SC., SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27090 OF 2025
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JUDGMENT
This writ petition is filed with the following prayers;
" i). Quash Exhibit P1 order by issuing a writ of
certiorari.
ii. Issue an order, direction to the Respondent No 1 to
ensure RTI Act provisions are duly followed by SPIO's and
Appellate authorities concerned.
iii. Direct the 1st respondent to reconsider Exhibit P12
appeal of the petitioner and pass fresh orders truly in conformity
with the mandate and true spirit of The Right to Information Act.
iv. This Hon'ble Court may be pleased to pass any other
just and equitable order under the given facts and circumstances
of the case as deemed fit in favour of the Petitioner.
v. This Hon'ble Court may also be pleased to dispense
with the translation of the documents produced as Exhibits in
the vernacular language along with the WPC."
2. The learned Counsel for the petitioner points out that
Ext.P15 communication issued by the Joint Secretary dated 10.04.2023
intimates that the commission has closed the appeal preferred by the
petitioner. Since the same is not an order, much less one passed by the
commission, I am inclined to grant the 3rd prayer, namely a direction to
consider Ext.P12 appeal preferred by the 1st respondent.
3. Accordingly, the impugned order is set aside, there will be
a direction to reconsider Ext.P12 appeal by the 1 st respondent in
accordance with law, with notice to the petitioner and other affected
WP(C) NO. 27090 OF 2025
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parties, if any. The orders shall be passed within three months from the
date of receipt of a copy of the judgment.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) NO. 27090 OF 2025
2025:KER:68728
APPENDIX OF WP(C) 27090/2025
PETITIONER EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF ORDER IN - AP
2266(1)/2022/SIC WITH FILE NO.11850/SIC-
GEN4/2022 PASSED BY THE 1ST RESPONDENT DATED
19/10/2024
EXHIBIT P2 THE TRUE COPY OF THE ORDER PASSED IN WP C NO.
20839/2023 DATED 30/06/2023
EXHIBIT P3 THE TRUE COPY OF ORDER - IN AP
2266(1)/2022/SIC WITH FILE NO.11850/SIC-
GEN4/2022, PASSED BY THE CHIEF INFORMATION
COMMISSIONER, KERALA DATED 03/08/2023
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT PASSED IN WP C
NO. 20839/2023 DATED 17/06/2025
EXHIBIT P5 THE TRUE COPY OF RTI APPLICATION DATED
06.05.2022
EXHIBIT P6 THE TRUE COPY OF SPEED POST RECEIPT NO.
EL140794403IN DATED 06/05/2022
EXHIBIT P7 THE TRUE COPY OF THE TRACK CONSIGNMENT NO EL
140794403IN
EXHIBIT P8 THE TRUE COPY OF ENTRY DATED 08/06/2022,
THEREBY ACCEPTING A NEW RTI APPLICATION
EXHIBIT P9 THE TRUE COPY OF RTI APPEAL DATED 09.06.2022
EXHIBIT P10 THE TRUE COPY OF REPLY DATED 01/07/2022 WITH
NO E8305/2022 ALONG WITH COMMUNICATION WITH
NO E-8230/2022 DATED 10-06-2022
EXHIBIT P11 THE TRUE COPY OF COMPLAINT DATED 20.07.2022
SUBMITTED BEFORE THE 3RD RESPONDENT
EXHIBIT P12 THE TRUE COPY OF APPEAL BEFORE STATE
INFORMATION COMMISSION
EXHIBIT P13 THE TRUE COPY OF THE REPLY DATED 17.01.2023
WITH NO E - 8230/2022
EXHIBIT P14 THE TRUE COPY OF REPLY OF PETITIONER DATED
21-01-2023
EXHIBIT P15 THE TRUE COPY OF COMMUNICATION OF JOINT
SECRETARY OF STATE INFORMATION COMMISSION
WITH NO 11850/SIC-G4/2022 DATED 10-04-2023
ALONG WITH LETTER WITH NO D12524/202 DATED
17-01-2023
EXHIBIT P16 THE TRUE COPY OF APPLICATION DATED 19-05-2023
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
EXHIBIT P17 THE TRUE COPY REPLY OF RESPONDENT NO 3 DATED
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28.01.2023 WITH NO E-8230/2022 ALONG WITH
ORDER OF RDO CHENGANNUR DATED 12-04-2022 TO
THE PETITIONER'S APPLICATION DATED 23.01.2023
EXHIBIT P18 THE TRUE COPY OF LETTER DATED 12-06-2023
ALONG WITH CHALLAN RECEIPT SUBMITTED BY THE
PETITIONER BEFORE SPIO OF THE 3RD RESPONDENT
OFFICE
EXHIBIT P19 THE TRUE COPY OF LETTER DATED 22.07.2024 WITH
NO 11850/SIC/GEN4/2022 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P20 THE TRUE COPY OF LETTER DATED 1.08.2024
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
// True Copy // PA To Judge
