IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 10375 of 2010(V) -------------------------- PETITIONER(S): --------------- V.NARAYANA PILLAI, MANGALATHU VEEDU, AVALAKUNNU P.O., ALAPPUZHA-6. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.GEORGE JOSEPH PULIMOOTTIL SRI.VINEETH KURIAKOSE SMT.N.MAHALAKSHMI RESPONDENT(S): --------------- 1. THE SUB REGISTRAR, VENNIKKULAM SUB REGISTRAR'S OFFICE, P.O.VENNIKULAM, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. DISTRICT REGISTRAR (GENERAL), DISTRICT REGISTRAR'S OFFICE, PATHANAMTHITTA. 3. THE DIVISIONAL FOREST OFFICER, RANNI. GOVERNMENT PLEADER (FOREST) SHRI.P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 10375/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE APPLICATION DTD.17.9.09. P2. COPY OF THE REPLY DTD.19.9.09. P3. COPY OF THE LETTER DTD.26.9.04 OF R1. P4. COPY OF THE APPEAL MEMORANDUM BEFORE R2. P5. COPY OF THE ORDER DTD.27.10.09. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 10375 of 2010 ================== Dated this the 17th day of June, 2010 J U D G M E N T The petitioner claims to have applied for a certified copy of document No.1336 of 1969 registered on 18.6.1969 in book I, Vol.40 pages 151 to 154 of the Vennikkulam Sub Registrar's Office. According to the petitioner, the 1st respondent refused to issue a certified copy of the document. Therefore, the petitioner submitted an application under the Right to Information Act requesting to issue a certified copy of the said document. The same resulted in Ext.P3 order of refusal, against which, the petitioner filed Ext.P4 appeal. That appeal was also dismissed by Ext.P5. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(a) Call for the records connected with the case. (b) Issue a writ of mandamus or other appropriate writ or order directing the First Respondent to issue certified copy of the document No.1336 of 2009 (sic) of S.R.O. Vennikulam on receiving necessary fee and non judicial stamp papers.” 2. The learned Government Pleader would submit that the petitioner's remedy against the impugned order is to file a further appeal against that order before the State Information Commission. But the counsel for the petitioner would submit that even apart from his rights under the Right to Information Act, the petitioner has a statutory right to get a certified copy of the document when an application is filed for the same. He, therefore, submits that the 1st respondent is liable to be directed to issue a certified copy of the w.p.c.10375/10 2 document to the petitioner. After hearing, I am satisfied that the petitioner is entitled to get such a certified copy as of right. Therefore, I specifically asked the Government Pleader as to whether the Sub Registrar, Vennikkulam, is prepared to issue a certified copy of the document referred to above to the petitioner. Today the Government Pleader produces before me a fax message received by the Advocate General's office in the form of a counter affidavit filed by the Sub Registrar, Vennikkulam, which reads thus: “In continuation to the counter affidavit filed on 1.6.2010, it is further submitted that the Subregistrar Vennikulam the first respondent is ready to issue certified copy of document No.1336/1969 to the petitioner if he pay copying fee and stamp duty as per section 57(2) of Indian Registration Act.” In view of the same, I am satisfied that the writ petition can be disposed of in terms of the said submission made by the Sub Registrar, Vennikkulam. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall appear before the Sub Registrar, Vennikulam on 24.6.2010, on which date, the Sub Registrar shall inform the petitioner the exact amount to be paid by the petitioner for issue of a certified copy of the document. On payment thereof, the Sub Registrar shall issue a certified copy of the document within one week therefrom. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.10375/10 3