9911796707
TMI Blog2014 (1) TMI 1673X X X X Extracts X X X X X X X X Extracts X X X X ..... e Right to Information Act, 2005. He is not called upon to certify that it is a copy of a genuine document. Therefore, find no reason why the first relief prayed for by the petitioner cannot be granted. Accordingly allow the writ petition and direct the first respondent to issue a fresh set of documents sought for in Ext.P1 application other than the No Objection Certificate issued by the Fire and Rescue Services Department on the petitioner paying the requisite fees and to certify the copies as copies issued under the Right to Information Act, 2005. The needful in the matter shall be done and copies of documents issued within one month from the date of receipt of a copy of this judgment. - W.P. (C) No. 31947 of 2013 (P) - - - Dated:- 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the first respondent to furnish to him with copy of the No Objection Certificate issued by the Fire and Rescue Services Department. 2. Respondents 1 and 2 have sworn to a counter affidavit dated 15-1-2014. As regards the No Objection Certificate issued by the Fire and Rescue Services Department, in Paragraph 4 of the counter affidavit it is stated that a copy of the No Objection Certificate was not given as it was not available in the files. As regards the other relief prayed for in the writ petition it is stated that there is no mandate or provision to certify the copies issued under the Act as copies issued under the Right to Information Act, 2005. It is also stated that the Act does not contemplate it and that it only intends to pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ief. 3. I heard Sri Vinod Vallikappan, learned counsel appearing for the petitioner and Sri Babu Karukapadath, learned standing counsel appearing for the Corporation of Kochi as also Smt. Anitha Raveendran, learned Senior Government Pleader appearing for the State of Kerala. As regards the No Objection Certificate, which is the subject matter of relief No. 2, in view of the stand taken by the respondents in their counter affidavit, the petitioner should, in my opinion, move the Fire and Rescue Services Department requesting the Public Information Officer for information in that regard. As regards the first relief sought for, viz. a direction to the first respondent to certify the copies of documents furnished to the petitioner pursuant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... records. Section 2(j) of the Act which defies the term right to information reads as follows :- 2(j) right to information means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to - (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. (emphasis supplied) In the light of the provision ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
