T.P.Viswanathan Nair @ Vazhoor … vs The Chief Secretary To Government on 19 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34745 of 2010(P)


1. T.P.VISWANATHAN NAIR @ VAZHOOR VISWAN,
                      ...  Petitioner

                        Vs



1. THE CHIEF SECRETARY TO GOVERNMENT,
                       ...       Respondent

2. THE HOME SECRETARY (C), GOVERNMENT OF

                For Petitioner  :SRI.M.J.THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :19/11/2010

 O R D E R
                       ANTONY DOMINIC, J.

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                 W.P.(C) No. 34745 of 2010 P
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         Dated this the 19th day of November, 2010

                            J U D G M E N T

Petitioner submits that he made an application to

the Public Information Officer, Home Department,

Government of Kerala, under the provisions of the Right to

Information Act for obtaining a copy of the Raghavan

Commission Report which enquired into an incident of police

firing took place on 27-02-1968. In reply, he was informed

that, despite best efforts, the report could not be traced out.

He filed appeal before the first appellate authority and also a

second appeal before the State Information Commission. The

appeals were also disposed of, accepting the version of the

respondents that the report could not be traced out to be

furnished as sought for by the petitioner. It is thereafter that

this writ petition has been filed, seeking a direction to the first

respondent to enquire and trace out the record.

2. A reading of the various exhibits in the writ petition

W.P.(C) No.34745/10
: 2 :

shows that the report which was received about 40 years

back and which was not acted upon by the Government, is

misplaced and that despite the best efforts of the officers

concerned, the same could not be traced out.

3. It may be true that the concerned officials of the

Home Department had a responsibility to ensure that the

report is not lost, but in any case situation appears to be the

report is factually misplaced or lost. As at present, there is no

material before this Court to conclude that the same is

deliberate. In such circumstances, this Court will not be

justified in directing the respondent to take action against

anybody.

Writ petition fails and it is dismissed.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks

// True Copy //

P.A. To Judge