IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 19552 of 2011(T) --------------------------------------- PETITIONER: ------------------- AMARNATHA SHETTY, AGED 55, S/O.LATE K.S.SHETTY, MANAGING DIRECTOR, KERALA FOREST DEVELOPMENT CORPORATION, KOTTAYAM, RESIDING AT KARAPPUZHA, KERALA FOREST DEVELOPMENT CORPORATION COMPLEX, KOTTAYAM – 3. BY ADVS. SRI.P.K.IBRAHIM, SMT.K.P.AMBIKA. RESPONDENTS: ------------------------ 1. STATE INFORMATION COMMISSION, KERALA, REPRESENTED BY ITS SECRETARY, PUNNEN ROAD, THIRUVANANTHAPURAM0 695 039. 2. MOHANA NATHA BABU.N., STATE PUBLIC INFORMATION OFFICER/ADDITIONAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, (SPL.A & C DEPARTMENT), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 3. THE FIRST APPELLATE AUTHORITY/PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, (SPL.A DEPARTMENT), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. R1 BY ADV. SRI.M.AJAY, S.C, R3 BY GOVT. PLEADER SMT. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19552/2011-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 30/07/2010 SUBMITTED TO THE R.2. SEEKING INFORMATION UNDER SECTION 6 OF THE RIGHT TO INFORMATION ACT. EXT.P.2: COPY OF THE COMMUNICATION DTD. 11/08/2010 OF THE R.2. EXT.P.3: COPY OF THE COMMUNICATION OF THE R.2. DTD 17/09/2010. EXT.P.4: COPY OF THE FIRST APPEAL UNDER SECTION 19(1) OF THE RIGHT TO INFORMATION ACT. EXT.P.5: COPY OF THE REPLY RECEIVED FROM THE R.3. DTD. 19/10/2010. EXT.P.6: COPY OF THE COMPLAINT PETITION DTD 25/09/2010. EXT.P.7: COPY OF THE HEARING NOTE ON 29/11/2010. EXT.P.8: COPY OF THE ORDER DTD. 29/11/2010. EXT.P.9: COPY OF THE COMMUNICATION DTD. 02/12/2010. EXT.P.10: COPY OF THE PETITION DTD. 14/12/2010 SUBMITTED TO THE R.1. EXT.P.11: COPY OF THE PETITION DTD. 29/04/2011 ALONG WITH ITS ENCLOSURES. EXT.P.12: COPY OF THE COMMUNICATION OF THE R.1. DTD. 08/06/2011. EXT.P.13: COPY OF THE COMMUNICATION OF THE CHIEF SECRETARY TO THE GOVERNMENT OF INDIA DTD. 19/05/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19552 OF 2011 ----------------------------------------------------- Dated this the 25th day of July, 2011 J U D G M E N T The challenge in this writ petition is against Ext.P12 communication rejecting Ext.P11 complaint filed by the petitioner. However, a reading of Ext.P11 shows that it was filed in an appeal which was already disposed of as per Ext.P8 order. Therefore the decision of the first respondent taking the view that it has no power to entertain such an application cannot be said to be perverse. 2. In that view of the matter the course open to the petitioner is to move a fresh complaint, in which event that will be entertained as one made u/s 18 of the Act and orders thereon will be passed in accordance with law and untrammeled by the decision taken in Ext.P12. With that direction this writ petition is disposed of. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge