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Kerala High Court

Joseph Pius vs The Kerala State Information ... on 26 February, 2013

Author: P.R.Ramachandra Menon

Bench: P.R.Ramachandra Menon

       

  

  

 
 
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

       THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

   WEDNESDAY, THE 13TH DAYOF NOVEMBER 2013/22ND KARTHIKA, 1935

                               WP(C).No. 27280 of 2013 (H)
                                  ----------------------------

    PETITIONER(S):
    -------------------------

      JOSEPH PIUS,
      THATTASSERY HOUSE, NETTUR POST, ERNAKULAM - 682 040.

      BY ADVS.SMT.A.K.PREETHA
                   SRI.C.ANILKUMAR

    RESPONDENT(S):
    ---------------------------

   1. THE KERALA STATE INFORMATION COMMISSION,
      PUNNEN ROAD, THIRUVANANTHAPURAM - 695 001.

   2. APPELLATE AUTHORITY UNDER THE RIGHT TO INFORMATION ACT, 2005,
      MATSYAFED, KAMALESWARAM, MANACAUD P.O.,
      THIRUVANANTHAPURAM - 695 009.

   3. THE STATE PUBLIC INFORMATION OFFICER,
      MATSYAFED, KAMALESWARAM, MANACAUD P.O.,
      THIRUVANANTHAPURAM - 695 009.

   4. MATSYAFED,
      KAMALESWARAM, MANACAUD P.O.
      THIRUVANANTHAPURAM - 695 009,
      REPRESENTED BY ITS MANAGING DIRECTOR.

      R1 BY ADV. SRI.M.AJAY, SC, STATE INFORMATION COMMN.
      R4 BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
     ON 13-11-2013, THE COURT ON THE SAME DAY DELIVERED THE
      FOLLOWING:

Kss

WP(C).No. 27280 of 2013 (H)
-----------------------------------------

                                             APPENDIX

PETITIONER(S)' EXHIBITS:
----------------------------------------

EXHIBIT P1. TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.

EXHIBIT P2. TRUE COPY OF THE REPLY ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER.

EXHIBIT P3. TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT DATED 26.02.2013.

EXHIBIT P4. TRUE COPY OF THE SECOND APPEAL SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT DATED 29.04.2012.

EXHIBIT P5. TRUE COPY OF THE COMMUNICATION NO.6875/SIC-GEN 1/2013
ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE 3RD
RESPONDENT.

EXHIBIT P6. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT.


RESPONDENT(S)' EXHIBITS:
-------------------------------------------              N I L




                                                               /TRUE COPY/


                                                               P.A.TO JUDGE

Kss



                P.R. RAMACHANDRA MENON, J.
              ========================
                  W.P.(C). No. 27280 of 2013
              --------------------------------------------
           Dated this the 13th day of November, 2013

                            JUDGMENT

Invoking the power and procedure under the RTI Act, the petitioner filed Ext.P1 application for furnishing certain information, before the 3rd respondent which was responded to by Ext.P2. According to the petitioner, Ext.P2 contains only incorrect information, under which circumstance, Ext.P3 appeal was filed before the 2nd respondent, which was not acted upon within the stipulated time. This made the petitioner to approach the 1st respondent by way of Ext.P4 second appeal; pursuant to which Ext.P5 communication was issued by the 1st respondent to the 3rd respondent to furnish the particulars. In spite of issuance of Ext.P5, the matter is still kept in the cold storage by the 3rd respondent, which made the petitioner to file Ext.P6 representation before the 1st respondent to take appropriate action. The delay in finalizing the said proceedings made the petitioner to approach this Court by filing this writ petition.

2. Heard the learned Standing Counsel appearing for the 1st W.P.C. No. 27280 of 2013 -2- respondent and also the learned counsel for others. The learned counsel for the 1st respondent submits that, pursuant to Ext.P6, the matter has already been listed for hearing and that the same will be finalized within the shortest possible time, at any rate within '45 days'. The above submission is recorded. In the said circumstance, no further orders are called for and the writ petition is disposed of accordingly.

P.R. RAMACHANDRA MENON, JUDGE.

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