Allowed

Muraleedharan Pillai, v. State of Kerala

Kerala HC14 Mar 2019WP(C)/4705/2019

Case brief

AI extract

What is this about?

The High Court of Kerala set aside an order of the State Information Commission, setting aside an order of the State Information Commission, setting aside an order of the State Information Commission, setting aside an order of the State Information Commission, setting aside an order of the State Information Commission. The court set aside Ext.P5 without deciding merits and directed the petitioner

What did the court decide?

Set aside Ext.P5 issued by State Information Commission; directed petitioner to appear before SIC on 28.03.2019 for fresh hearing

Muraleedharan Pillai, Vs State of Kerala — RTI and Transparency | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 4705 of 2019

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PETITIONER:

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MURALEEDHARAN PILLAI, AGED 52 YEARS S/O.LATE VASUDEVAN PILLAI, NILAVU, ARAMPUNNA, ELAMPAL P.O, PUNALUR, KOLLAM.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT., SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE STATE INFORMATION COMMISSIONER, RIGHT TO INFORMATION ACT, GOVERNMENT OF KERALA, PUNNAN ROAD, THIRUVANANTHAPURAM 695 001.

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3 THE APPELLATE AUTHORITY, INSPECTOR OF POLICE, OFFICE OF THE POLICE INSPECTOR, PUNALUR, PUNALUR P.O, KOLLAM 691 322.

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4 STATE PUBLIC INFORMATION OFFICER, STATION HOUSE OFFICER, PUNALUR POLICE STATION, PUNALUR P.O, KOLLAM 691 322.

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BY ADV. SRI.M.AJAY, SC. SMT.AMMINIKUTTY-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4705 of 2019

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JUDGMENT

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The petitioner impugns Ext.P5 order issued by the State Information Commission (for short, 'the SIC') on various grounds but primarily on the ground that he was not heard before it was issued.

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Sri.M.Ajay, the learned standing counsel appearing for the SIC, submits that the petitioner is an appellant in several appeals pending before the SIC and that, in fact, he was heard in certain appeals but he is unable to affirm that he was heard in the matter that led to Ext.P5. He says that the petitioner was issued notices but it may be true that the petitioner got it late, as has been asserted by him but without conceding it. He submits that in order to put a quietus to the whole issue and to ensure that there are no allegations of violations of natural justice in future, the SIC is willing to reconsider the matter, purely in fairness but not in any manner conceding to the legal obligation to do so; and he prays that this Court direct the petitioner to appear before the SIC on a particular day, convenient to him, so that the appeal can be disposed of afresh appropriately thereafter.

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Sri.Mohanlal, the learned counsel for the petitioner, submits that his client is willing to mark appearance in the office of the SIC at 11 a.m. on 28.03.2019 so that the competent

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WP(C).No. 4705 of 2019

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Authority can hear him and take a decision on the appeal thereafter.

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In the afore circumstances, I order this writ petition and set aside Ext.P5 without entering into the merits of any of the contentions of either of the parties but solely for the reasons stated above; and I consequently, direct the petitioner to mark appearance before the SIC on 28.03.2019 at 11 a.m., on which day, the competent Authority will either hear him or fix another date suitable for hearing and then proceed to dispose of the appeal as per law within three months thereafter.

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I make it clear that since I have not considered any of the contentions of the parties, the petitioner is at liberty to raise all of them before the SIC appropriately.

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Sd/- DEVAN RAMACHANDRAN

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JUDGE

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Stu

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WP(C).No. 4705 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1	THE TRUE COPY OF THE APPLICATION DATED 21/10/2013 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT	P1 A	THE TRUE COPY OF THE APPLICATION DATED 23/12/2013 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT	P1 B	THE TRUE COPY OF THE APPLICATION DATED 04/10/2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT	P1 C	THE TRUE COPY OF THE APPLICATION DATED 09/10/2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
EXHIBIT	P1 D	THE TRUE COPY OF THE APPLICATION DATED 04/11/2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT	P1 E	THE TRUE COPY OF THE APPLICATION DATED 07/10/2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT	P2	THE TRUE COPY OF THE ORDERS OF THE REPLY NO:53/R1-ACT/13-E1 DATED 16/11/2013 ISSUED BY THE 4TH RESPONDENT UNDER RIGHT TO INFORMATION ACT TO THE PETITIONER.
EXHIBIT	P2 A	THE TRUE COPY OF THE ORDERS OF THE REPLY NO:68/R1 ACT/13-E1 DATED 20/01/2014 ISSUED BY THE 4TH RESPONDENT UNDER RIGHT TO INFORMATION ACT TO THE PETITIONER.
EXHIBIT	P2 B	THE TRUE COPY OF THE ORDERS OF THE REPLY NO:54/R1-ACT/14-E1 DATED 10/11/2014 ISSUED BY THE 4TH RESPONDENT UNDER RIGHT TO INFORMATION ACT TO THE PETITIONER.
EXHIBIT	P2 C	THE TRUE COPY OF THE ORDERS OF THE REPLY NO:59/R1-ACT/14-E1 DATED 01/12/2014 ISSUED BY THE 4TH RESPONDENT UNDER RIGHT TO INFORMATION ACT TO THE PETITIONER.
EXHIBIT	P2 D	THE TRUE COPY OF THE ORDERS OF THE REPLY NO. 20/R1-ACT/15-E1 DATED 01/05/2015 ISSUED BY THE 4TH RESPONDENT UNDER RIGHT TO INFORMATION ACT TO THE PETITIONER.

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WP(C).No. 4705 of 2019

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EXHIBIT	P3 THE TRUE DATED 14/ RESPONDEN	COPY OF 02/2014 T.	THE ORDER NO. 205/TD/14-C ISSUED BY THE 3RD
EXHIBIT	P3 A THE TRUE E1 DATED RESPONDEN	COPY OF 25/4/201 T.	THE ORDER NO. 19/R1/ACT/15- 5 ISSUED BY THE 3RD
EXHIBIT	P3 B THE TRUE E1 ISSUED	COPY OF BY THE	THE ORDER NO. 18/R1/ACT/15- 3RD RESPONDENT .
EXHIBIT	P3 C THE TRUE DATED 27/ RESPONDEN	COPY OF 04/2015 T.	THE ORDER NO. 85/GL/15-E ISSUED BY THE 3RD
EXHIBIT	P3 D THE TRUE DATED 21/ RESPONDEN	COPY OF 01/2015 T	THE ORDER NO. 318/GL/14E ISSUED BY THE 3RD
EXHIBIT	P4 THE TRUE 19/11/201 BEFORE TH	COPY OF 8 SUBMIT E 2ND RE	THE APPLICATION DATED TED BY THE PETITIONER SPONDENT
EXHIBIT	P5 THE TRUE 20/11/201 894(3)/20 AP NO.661 THE 2ND R	COPY OF 8 IN AP 14,AP NO /2015, A ESPONDEN	THE COMMON ORDER DATED NO. 638/2014, AP NO. .701/2014, AP NO. 670/2015, P NO.737(3)/2015 ISSUED BY T.
EXHIBIT	P6 THE TRUE 1179,1187 20/12/201	COPY OF ,1191,18 3 ISSUED	THE ORDER AP NO. 61,(7)/2013/SIC DATED BY THE 2ND RESPONDENT.
EXHIBIT	P7 THE TRUE 2535(1)/2 THE 2ND R	COPY OF 013/SIC ESPONDEN	THE ORDER AP NO. DATED 28/04/2017 ISSUED BY T.
EXHIBIT	P8 THE TRUE 2491(1)/2 THE 2ND R	COPY OF 013/SIC ESPONDEN	THE ORDER AP NO. DATED 28/04/2017 ISSUED BY T
EXHIBIT	P9 THE TRUE 2013/SIC RESPONDEN	COPY OF DATED 28 T.	THE ORDER AP NO.2600(1) / /04/2017 ISSUED BY THE 2ND

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RESPONDENTS' EXHIBITS : NIL

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//TRUE COPY//

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P.A TO JUDGE.

Muraleedharan Pillai, v. State of Kerala

Case brief

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Muraleedharan Pillai, v. State of Kerala

Case brief

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