IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21844 of 2008(A)
1. M.ASOKAN, ASOKA MANDIRAM,
... Petitioner
Vs
1. CHIEF INFORMATION COMMISSIONER KERALA
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent :SRI.M.AJAY, SC, STATE INFORMATION COMMN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :07/08/2008
O R D E R
S.SIRI JAGAN, J
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W.P(C)No.21844 of 2008
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Dated this the 7th day of August, 2008.
J U D G M E N T
The petitioner is challenging Ext.P7 order of the State
Information Commissioner whereby the petitioner’s appeal
against the order refusing issue copies of certain documents
sought for by him, was closed on the ground that in spite of
elaborate search the file relating to the same could not be
traced by the information officer concerned. The petitioner
now submits that the observation in Ext.P7 order to the
effect that the petitioner was not present at this time of
hearing, is not correct and he now seeks an opportunity of
being heard by the Commissioner. The learned Standing
Counsel for the Commissioner would submit that although
the statement therein that the petitioner was not present is
not correct, the order was not passed on that basis but on
the basis of the satisfaction that the concerned file could
not be traced in spite of the best efforts of the Government.
W.P(C)No.21844 of 2008 – 2 –
He would further submit that the respondents had filed
another affidavit stating that even after a fresh search no
positive results could be obtained. I am not going into the
merits of the case since it is now admitted before me that
fresh orders can be passed after hearing the petitioner.
Accordingly, Ext.P7 is quashed and the 1st respondent is
directed to pass fresh orders in the matter after granting
the petitioner a fresh opportunity of being heard.
The writ petition is disposed of as above.
S.SIRI JAGAN, JUDGE
rhs