Kerala High Court
K.T.John vs Union Of India on 3 November, 2020
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942
WP(C).No.23427 OF 2020(C)
PETITIONER:
K.T.JOHN,
KANNANPARA HOUSE, OPP.B.H.H.S.SCHOOL,
MAVELIKKARA-690101, ALAPPUZHA DISTRICT,
KERALA STATE.
BY ADVS.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
SRI.RAJAN G. GEORGE
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY IN THE DEPARTMENT OF
DEFENCE, SOUTH BLOCK, NEW DELHI-110011.
2 CENTRAL INFORMATION COMMISSION,
REPRESENTED BY THE CHIEF INFORMATION COMMISSION,
CIC BHAVAN, BABA GANGNATH MARG, MUNIRKA,
NEW DELHI-110067.
3 APPELLATE AUTHORITY UNDER THE RIGHT TO INFORMATION
ACT AND OUTSTANDING SCIENTIST,
RTI CELL, ROOM NO.314A, DRDO BHAWAN,
RAJAJI MARK, NEW DELHI-110011.
4 PUBLIC INFORMATION OFFICER,
ELECTRONICS AND RADAR DEVELOPMENT ESTABLISHMENT
(LRDE), C.V.RAMAN NAGAR, BANGALORE, KARNATAKA-560093.
SRI P VIJAYAKUMAR, ASG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23427 OF 2020 2
JUDGMENT
The grievance of the petitioner in this writ petition concerns the delay in consideration of Ext.P9 appeal preferred by the petitioner under Section 19(3) of the Right to Information Act, 2005.
2. Sri. P.J. Joe Paul, the learned counsel appearing for the petitioner, submitted that the petitioner is a senior citizen, who is in his 80's and any delay in considering the appeal will result in insurmountable hardship.
3. The learned Central Government counsel, who appeared for the 2nd respondent submitted that the appeal can be heard and disposed of within a period of two months in the peculiar facts and circumstances.
4. Having regard to the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of with a direction to the 2nd respondent to take up Exhibit-P9 appeal and dispose it of on its merits and expeditiously, with notice to the petitioner, preferably within an outer time frame of two months from the date of production of a copy of this judgment. WP(C).No.23427 OF 2020 3
5. The petitioner shall produce a copy of the writ petition along with the judgment before the 2nd respondent to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C).No.23427 OF 2020 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF REPRESENTATION DATED 12.03.2019 SENT BY THE PETITIONER TO THE DIRECTOR OF LRDE.
EXHIBIT P2 A TRUE COPY OF REPRESENTATION DATED 01.06.2019 SENT BY THE PETITIONER TO THE DIRECTOR OF LRDE.
EXHIBIT P3 A TRUE COPY OF REPRESENTATION DATED 02.09.2019 SENT BY THE PETITIONER TO THE DIRECTOR OF LRDE.
EXHIBIT P4 A TRUE COPY OF APPLICATION DATED 14.11.2019 SENT BY THE PETITIONER.
EXHIBIT P5 A TRUE COPY OF COMMUNICATION NO.44476/RTI ACT/DG/RTMD DATED 28.11.2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE APPEAL DATED 14.12.2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 16.01.2020 OF THE HONOURABLE HIGH COURT IN W.P.(C)NO.1188/2020.
EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION NO.RTI/02/6051/M/01/2019/0090 DATED 06.01.2020.
EXHIBIT P9 A TRUE COPY OF THE APPEAL DATED 08.09.2020 (WITHOUT ANNEXURES) FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A O JUDGE