Venkatesh.B.M v. Chief Information Commissioner
Case brief
What is this about?
This judgment dismissed the writ petition observing that an efficacious alternative remedy exists via statutory second appeal before the State Information Commission. The Court permitted the petitioner to file such an appeal regarding untraceable files within two weeks rather than proceeding in this court.
What did the court decide?
Petitioner permitted to file a statutory second appeal before the State Information Commission within two weeks.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 18TH DAY OF FEBRUARY 2019 / 29TH MAGHA, 1940
WP(C).No. 1026 of 2019
PETITIONER:
VENKATESH.B.M AGED 53 YEARS S/O.LAXMANA, RESIDING AT PELAPPADY HOUSE, BANGRAMANJESHWAR VILLAGE, MANJESHWAR POST, KASARAGOD - 671 323.
BY ADVS. SRI.PUSHPARAJAN KODOTH SMT.VANDANA MENON SRI.K.JAYESH MOHANKUMAR VINEETHA JAMES
RESPONDENTS:
1* CHIEF INFORMATION COMMISSIONER KERALA, P.C.14/2071, NEAR JACOB JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695 001. *(CORRECTED THE NAME OF THE 1ST RESPONDENT IN THE CAUSE TITLE AS - STATE INFORMATION COMMISSIONER - INSTEAD OF - CHIEF INFORMATION COMMISSIONER - AS PER THE ORDER DATED 21.01.2019 IN IA 1/19.)
- 2 TAHSILDAR, APPELLATE AUTHORITY, TALUK OFFICE, KASARAGOD P.O., KASARAGOD - 671 121.
Issues for consideration
2 issues framed by the court
Whether a petition challenging destruction or untraceability of files maintainable at commissioner level
Whether petitioner validly foregone right to appeal before State Information Commission
Parties & counsel
- petitioner
VENKATESH.B.M
- respondent
STATE INFORMATION COMMISSIONER KERALA
- respondent
TAHSILDAR, APPELLATE AUTHORITY
- respondent
STATE PUBLIC INFORMATION OFFICER (3RD RESPONDENT)
- respondent
STATE PUBLIC INFORMATION OFFICER (4TH RESPONDENT)
Case details
As recorded by the court registry
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