IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 20638 of 2011(D) -------------------------- PETITIONER: ------------------ BABU PAUL,AGED 34 YEARS, S/O.M.T.POULOSE, MARACHOVIL HOUSE, PO KUTHUKUZHI,KOTHAMANGALAM,ERNAKULAM DISTRICT. BY ADVS. SRI.K.K.APPU SRI.T.M.JOSEPH SHYLAN RESPONDENT(S): ------------------------ 1. THE CENTRAL PUBLIC INFORMATION OFFICER, DEPUTY DIRECTOR OF INCOME TAX(EXEMPTION), RANGE-4,C.R.BUILDING,I.S.PRESS ROAD, ERNAKULAM,KOCHI -18. 2. ADDL.COMMISSIONER OF INCOME TAX, (THE APPELLATE AUTHORITY UNDER THE RIGHT TO INFORMATION ACT),RANGE-4 C.R.BUILDING,IS PRESS ROAD,ERNAKULAM,KOCHI -18. 3. THE CENTRAL INFORMATION COMMISSION (THE 2ND APPEAL AUTHORITY UNDER THE RIGHT TO INFORMATION ACT),AUGUST KRANTI BHAVAN, BHIKAMAJI CAMA PLACE,NEW DELHI ,PIN 110 066. 4. UNION OF INDIA,REP.BY THE SECRETARY, FINANCE DEPARTMENT,GOVT, OF INDIA, NEW DELHI. R4 BY ADVS. SRI.A.SUDHI VASUDEVAN,SENIOR PANEL COUNSEL (CGC) SRI.SUDHI VASUDEVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20638 of 2011(D) ------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF REQUEST DATED 6.12.2010 BEFORE CENTRAL PUBLIC INFORMATION OFFICER. EXT.P2. ORDER DATED 24.01.2011 REJECTING THE REQUEST BY CPIO EXT.P3. COPY OF 1ST APPEAL DATED 16.02.2011 BEFORE THE ADDITIONAL COMMISSIONER OF INCOME TAX EXT.P4. ORDER OF ADDL. COMMISSIONER OF INCOME TAX CONFIRMING THE ORDER OF CPIO. XT.P5. COPY OF 2ND APPEAL DATED 5.042011 BEFORE THE CENTRAL INFORMATION COMMISSION. EXT.P6. LETTER DATED 26.05.2011 FROM POSTAL AUTHORITY CONFIRMING DELIVERY OF APPEAL MEMORANDUM BEFORE THE CENTRAL INFORMATION COMMISSION. EXT.P7. REMINDER DATED 13.06.2011 BEFORE THE CENTRAL INFORMATION COMMISSIONER. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 20638 of 2011 D ``````````````````````````````````````````````````````````` Dated this the 23rd day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ The short grievance of the petitioner is that, aggrieved by Ext.P2 order of the second respondent, petitioner filed Ext.P5 appeal before the third respondent, invoking the appellate power under Section 19(1) of the Right to Information Act, 2005. This appeal is dated 05.04.2011 and from Ext.P6 letter issued by the Senior Post Master of the Ernakulam Head Post Office, it is seen that Ext.P5 appeal has been delivered to the office of the third respondent on 08.04.2011. The petitioner states that, despite the above, the appeal has not been disposed of so far and in the circumstances, this writ petition has been filed, praying for a direction for the disposal of Ext.P5 appeal. 2. On 10.08.2011 and 02.09.2011, at the request of the Standing Counsel for the respondents, time was given for getting instructions in the matter. However, instructions W.P.(C) No.20638/2011 : 2 : are not forthcoming and in the circumstances, I do not think that any useful purpose will be served in keeping the writ petition pending any longer. 3. In the circumstances, accepting the case of the petitioner regarding the pendency of Ext.P5 appeal before the third respondent, I dispose of the writ petition, directing that Ext.P5 appeal shall be considered in accordance with law and orders thereon shall be communicated to the petitioner. This shall be done as expeditiously as possible and at any rate, within eight weeks from the date of production of a copy of this judgment. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the third respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/23/09 // True Copy // P.A. To Judge