IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34745 of 2010(P) --------------------------------- PETITIONER(S): ------------------- T.P.VISWANATHAN NAIR @ VAZHOOR VISWAN, AGED 80 YEARS, S/O. PADMANABHAN NAIR, THEKKETHU HOUSE, VAZHOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): -------------------- 1. THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE HOME SECRETARY (C), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 34745 of 2010 P ``````````````````````````````````````````````````````` Dated this the 19th day of November, 2010 J U D G M E N T Petitioner submits that he made an application to the Public Information Officer, Home Department, Government of Kerala, under the provisions of the Right to Information Act for obtaining a copy of the Raghavan Commission Report which enquired into an incident of police firing took place on 27-02-1968. In reply, he was informed that, despite best efforts, the report could not be traced out. He filed appeal before the first appellate authority and also a second appeal before the State Information Commission. The appeals were also disposed of, accepting the version of the respondents that the report could not be traced out to be furnished as sought for by the petitioner. It is thereafter that this writ petition has been filed, seeking a direction to the first respondent to enquire and trace out the record. 2. A reading of the various exhibits in the writ petition W.P.(C) No.34745/10 : 2 : shows that the report which was received about 40 years back and which was not acted upon by the Government, is misplaced and that despite the best efforts of the officers concerned, the same could not be traced out. 3. It may be true that the concerned officials of the Home Department had a responsibility to ensure that the report is not lost, but in any case situation appears to be the report is factually misplaced or lost. As at present, there is no material before this Court to conclude that the same is deliberate. In such circumstances, this Court will not be justified in directing the respondent to take action against anybody. Writ petition fails and it is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge