S. Krishnaprasad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 5837 of 2012 (D) --------------------------- PETITIONER:
------------------- S. KRISHNAPRASAD, S/O. K. SUKUMARAN, THOTTINGAL KALAM, AYALUR P.O., PALAKKAD, PIN: 678510.
BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.
RESPONDENT(S):
--------------------------
1. STATE OF KERALA, REPRESENTED BY THE SECRETRY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2. THE TAHSILDAR, CHITTUR TALUK, CHITTUR, PALAKKAD, PIN - 678 519.
3. THE VILLAGE OFFICER, VILLAGE OFFICE, AYALUR, PALAKKAD, PIN - 678 510. BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 5837 of 2012 (D) -------------------------------------- APPENDIX PETITIONER(S) EXHIBITS:
------------------------------------- EXHIBIT P1:
TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 18047/2010 DATED 2.7.2010.
EXHIBIT P2:
TRUE COPY OF THE APPLICATION DATED 16.09.2011 SUBMITTED BEFORE THE 3RD RESPONDENT.
EXHIBIT P3:
TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 17.10.2011.
EXHIBIT P4:
TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 26.11.2011.
EXHIBIT P5:
TRUE COPY OF THE LETTER DATED 12.12.2011 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6:
TRUE COPY OF THE LETTER DATED 16.12.2011 SUBMITTED BEFORE THE 3RD RESPONDENT.
EXHIBIT P7:
TRUE COPY OF LETTER NO. 47/12 DATED 17.1.2012 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P8:
TRUE COPY OF THE G.O.NO.8026 DATED 19.10.2005. EXHIBIT P9:
TRUE COPY OF THE RESURVEY SKETCH ISSUED BY THE 3RD RESPONDENT.
EXT. P9(A):
TRUE COPY OF THE RECEIPT DATED 28.6.2010.
RESPONDENTS' EXHIBITS:
- NIL -------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/
A.V. RAMAKRISHNA PILLAI, J.
-------------------------------------------------- W.P.(C) No. 5837 of 2012 -------------------------------------------------- Dated this the 22nd day of January, 2015
J U D G M E N T
Aggrieved by the demand of the 3rd respondent for the prescribed fee as per rules for issuing the copy of survey sketch, the petitioner has come up before this Court.
2.
The petitioner applied for the old survey sketch under the Right to Information Act. According to the petitioner, as per Ext.P8 Government Order, the Government has fixed provisional fees to be collected for furnishing information.
3.
This Court, by interim order dated 03.04.2012, directed the respondents to supply the copy of the survey sketch on payment of usual fees as per rules under the Right to Information Act.
4.
Today, when the matter came up for hearing, the learned counsel for the petitioner submitted that the
W.P.(C) No. 5837 of 2012 ..2..
petitioner has received the copy of the survey sketch on the basis of the interim order.
As the petitioner is satisfied with the copy now received, the writ petition is closed leaving the question regarding the quantum of fee to be realized in such cases open to be decided in appropriate proceedings. Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE bka/-