JAYAPRAKASH K.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the statutory right of appeal under the Right to Information Act, 2005 (hereinafter referred to as 'the RTI Act') is rendered inefficacious in the absence of a formal order on the request for information is the question posed for consideration in this writ petition.

(2.) The petitioner made Ext.P1 request for information under the RTI Act before the 3rd respondent Public Information Officer ('PIO', for short). The grievance of the petitioner is that, even after remitting the required fee, the request for information is not disposed of by the PIO within the time stipulated under the RTI Act. The petitioner has, accordingly, preferred this writ petition for the following reliefs: a. issue a writ of mandamus commanding the 1st respondent to initiate appropriate action for omitting to exercise the authority of law vested in the 3rd respondent; b. issue a writ of mandamus commanding the respondent herein to act upon Exhibit P1 in a time bound manner and in accordance with law. c. issue a writ of mandamus commanding the respondent herein to pay the petitioner penalty as envisaged under sec. 20 of the Right to Information Act, 2005 computed from 21/3/2022 and in accordance with law.

(3.) Heard the learned counsel for the petitioner, the learned Government Pleader for the 1st respondent and the learned Standing Counsel for respondents 2 and 3.