2025:KER:24446 WP(C) NO. 8081 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 WP(C) NO. 8081 OF 2025 PETITIONER: DR. C.V. JAMES, AGED 71 YEARS S/O. MUNDAMPILLY HOUSE, SUKHODAYA AYURVEDA, KANJIRAPPILLY P.O, KOTTAYAM, PIN - 686507 BY ADVS. AYPE JOSEPH MERIN ROSE RESPONDENTS: 1 STATE INFORMATION COMMISSION TC 14, 2071, PUNNEN ROAD, NEAR JACOBS JUNCTION, VANROSS, PALAYAM, TRIVANDRUM, PIN - 695001 2 KANJIRAPPILLY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KANJIRAPPILLY P.O, KOTTAYAM, PIN - 686507 3 THE SECRETARY, KANJIRAPPILLY P.O, KOTTAYAM, PIN - 686507 2025:KER:24446 WP(C) NO. 8081 OF 2025 2 4 SMT. SEENA P.R., SECRETARY MEENACHIL GRAMA PANCHAYATH EDAMATTOM P.O., PIN - 686578 BY ADV ADV K.S.ARUN KUMAR, SC ADV.M.AJAY, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24446 WP(C) NO. 8081 OF 2025 3 JUDGMENT The grievance of the petitioner is that, despite the observations/directions in Ext.P14 order, the 4th respondent failed to furnish the necessary information as required by the petitioner under the Right to Information Act, 2005. Therefore, this writ petition is submitted by the petitioner seeking the following reliefs: “i. Issue a Writ of Mandamus, or any other appropriate writ, order or direction to the 1st respondent to initiate desciplinery action against the 4th respondent, in accordance with law. ii. Declare that the 4th respondent was not complying with the direction of the 1st respondent iii, Dispense with the filing of the translations of vernacular documents. Vi, Issue such other writ, order or direction as this Hon'ble Court may deem fit.” The learned Counsel for the petitioner brought the attention of this 2025:KER:24446 WP(C) NO. 8081 OF 2025 4 Court to Ext.P14 order passed by the 1st respondent, wherein it is clearly observed that, the 4th respondent did not furnish the application after properly scrutinizing the application submitted by the petitioner and therefore a warning was issued to the 4th respondent that, in case of similar lapses, the proceedings shall be initiated against her. In the said order, a direction was also issued to the 4th respondent to furnish certain information. Ext.P15 is the communication issued by the 4th respondent in compliance of Ext.P14 order, and according to the petitioner, despite a specific observation in Ext.P14 as referred to above, the details as required in the application were not furnished. It was in these circumstances, the writ petition by seeking the above reliefs are filed. 2. The learned Standing Counsel appearing for the 1st respondent pointed out that, as far as the reliefs sought in this writ 2025:KER:24446 WP(C) NO. 8081 OF 2025 5 petition are concerned, the same cannot be entertained. It was pointed out that, the proper remedy of the petitioner is to approach the Commission invoking powers under Section 18 of the Right to Information Act, by submitting a compliant in this regard and thereupon the Commission can conduct a necessary enquiry and issue appropriate recommendation for disciplinary action under Section 20 of the Act and also impose penalty under Section 21. 3. After carefully going through the statutory provisions contemplated in the Right to Information Act, I find merits in the said submission. As rightly pointed out by the learned Standing Counsel for the 1st respondent, it is for the petitioner to submit a complaint under Section 18, before the 1st respondent highlighting his grievances as against the 4th respondent. In such circumstances, this writ petition is disposed of, relegating the petitioner to invoke his remedy under Section 18 of 2025:KER:24446 WP(C) NO. 8081 OF 2025 6 the Right to Information Act, and in the event of an application is being submitted, necessary actions as contemplated under Section 20 or 21 shall be taken by the 1st respondent as expeditiously as possible. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:24446 WP(C) NO. 8081 OF 2025 7 APPENDIX OF WP(C) 8081/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE KANJIRAPPALLY VILLAGE OFFICE DATED 22.08.2023 Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT WITH RESPECT TO THE PROPERTY DATED 05.06.2023 Exhibit P3 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO CONSTRUCT DATED 29.08.2000 Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR NUMBERING THE BUILDING DATED 08.04.2003 Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR NUMBERING THE BUILDING DATED 12.05.2006 Exhibit P6 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 12.05.2006 Exhibit P7 TRUE COPY OF THE ASSESSMENT NOTICE DATED 05.03.2014 Exhibit P8 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 30.03.2023 Exhibit P9 TRUE COPY OF THE CERTIFICATE ISSUED BY CHIEF MANAGER, KFC, KOTTAYAM DATED 15.11.2023 2025:KER:24446 WP(C) NO. 8081 OF 2025 8 Exhibit P10 TRUE COPY OF THE CERTIFICATE DATED 07.12.2023 ISSUED BY THE RESPONDENTS Exhibit P11 TRUE COPY OF THE RTI APPLICATION DATED 07.11.2023 Exhibit P 12 TRUE COPY OF THE REPLY BY RESPONDENTS 2 AND 3 TO THE RTI APPLICATION, DATED 22.11.2023 Exhibit P 13 TRUE COPY OF THE APPEAL PREFERRED BEFORE THE APPELLATE AUTHORITY DATED 24.11.2023 Exhibit P 14 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 06.11.2024 Exhibit P15 TRUE COPY OF THE REPLY DATED 04.12.2024 ISSUED BY THE RESPONDENTS Exhibit P16 TRUE COPY OF THE ORDER PASSED BY THE OMBUDSMAN DATED 22.03.2024