IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 7340 of 2008(W) --------------------------------------- PETITIONER(S): ------------------------ RAJU NARAYANA SWAMY, DISTRICT COLLECTOR, PATHANAMTHITTA. BY ADVS. MR.DEVAN RAMACHANDRAN, MR.K.M.ANEESH. RESPONDENT(S): --------------------------- 1. THE STATE OF INFORMATION COMMISSION, KERALA, THIRUVANANTHAPURAM 695 039 REPRESENTED BY ITS SECRETARY. 2. MR.A.C.THOMAS, DEPUTY SUPERINTENDENT OF POLICE (ADMINISTRATION) KUYILIMALA P.O. IDUKKI. R1 BY ADV. MR.M.AJAY, SC, STATE INFORMATION COMMN. R2 BY ADV. MR.M.G.KARTHIKEYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7340/2008 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION FILED BY THE 2ND RESPONDENT BEFORE THE PETITIONER. P2: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, IDUKKI DTD. 5/08/2006. P3: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P4: COPY OF THE 2ND APPEAL FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.7340 OF 2008 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT 1.The impugned Ext.P3 is only a show cause notice to appear in furtherance of an enquiry under the provisions of the Right to Information Act. Though the said notice is issued requiring the personal appearance of the petitioner, learned counsel appearing for the Kerala State Information Commission states that it would be sufficient that the writ petitioner is represented through counsel and the petitioner's appearance would be necessary only if evidence is to be recorded from him directly. This submission is recorded. 2.Learned counsel for the petitioner contends that the fundamental question is as to whether an appeal would lie before the State Information Commission. This issue as to maintainability is also a matter that can be considered by that authority itself. Therefore, if the petitioner seeks adjudication WPC.7340/08 2 of that issue as a preliminary one, the State Information Commissioner will take it as a preliminary point. The writ petition is hence dismissed without entering on merits, subject to what is aforesaid. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.10/02.