IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 6^TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 WP(C) NO. 34948 OF 2011 PETITIONER:

T.R.GOPI, AGED 36 YEARS, S/O.P.K.RAMAN, PROPRIETOR, T.R. GAS AGENCY, MATTANNUR, KANNUR DISTRICT.

BY ADVS.

SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENTS:

1 STATE INFORMATION COMMISSION KERALA, PUNNEN ROAD, THIRUVANANTHAPURAM - 695 039.

2 THE TALUK SUPPLY OFFICER THALASSERY - 670 101.

3 M.P.SANTHOSH, KUNIYIL HOUSE, KOTHERI, MATTANNOOR P.O., KANNUR - 670 702.

4 M.M.SOMASEKHARA PILLAI MALAMEL HOUSE, KODOLIPRAM, PATTANUR.P.O., KANNUR - 670595.

*ADDL.R5 THE INDIAN OIL CORPORATION LIMITED PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O., KOCHI-682036 REPRESENTED BY DEPUTY GENERAL MANAGER (CS), PUBLIC INFORMATION OFFICER (*ADDL.R5 IS IMPLEADED AS PER ORDER DATED 22.02.2012 IN I.A.NO.2822/2012)

BY ADVS.

SRI.D.B.BINU SRI.G.KRISHNAKUMAR SRI.K.RAJESH SUKUMARAN SRI.TITTO THOMAS SMT.RESMI THOMAS, GP SRI.M.AJAY, SC SRI.M.GOPIKRISHNAN NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.09.2021, THE COURT ON 06.09.2021 DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner has been granted dealership of a gas agency by the Indian Oil Corporation and the petitioner is running the said agency in the name and style as T R Gas Agency at Mattannur in Kannur District.

2. The fourth respondent submitted Ext.P3 application under Right to Information Act, 2005(RTI Act) before the District Supply Officer, Kannur (DSO), the Public Information Officer seeking information regarding the distribution of LPG cylinders from the Gas agency of the petitioner. It appears that the said application was made over by the DSO to the Taluk Supply Officer (TSO), the 2^nd respondent and the TSO by Ext.P2 letter transferred the application to the petitioner for furnishing the information sought for in Ext.P3. Meanwhile, the 3^rd respondent submitted Ext.P5 application under the RTI Act before the TSO, seeking information regarding refilled cooking gas cylinders distributed from the Gas agency of the petitioner. The TSO by Ext.P4 letter transferred the application to the petitioner for furnishing the information sought for in Ext.P5. The petitioner submitted Ext.P6 letter to the second respondent stating that he is not liable to furnish the information sought for in Exts.P3 and P5.

3. Exts.P3 and P5 relate to the year 2011. While so, the petitioner received Ext.P7 communication from the TSO enclosing a copy of Ext.P8 order issued by the State Information Commissioner, Kerala (SIC) and directing the petitioner to furnish the information sought for in Ext.P5 within seven days. The petitioner is challenging Ext.P8 order issued by the SIC as one passed in violation of principles of natural justice and breach of provisions of the RTI Act.

4. In Ext.P8 order, referring to a complaint dated

3.11.2009 of the 3^rd respondent regarding refilled cooking gas cylinder distributed from the Gas Agency of the petitioner from 01.07. 2009 to 26.07. 2009 submitted to the State Public Information Officer, District Supply Office, Kannur (SPIO) vide his RTI application dated 27.07.2009 and his complaint there on under section 18(1) of the RTI Act, the SIC, after hearing the 3^rd respondent, the SPIO and the DSO through video conferencing passed certain direction and the relevant portion of the order dated 30.04.2010 reads thus; 3. '...The petitioner submitted that he has not yet received the information requested. He requested for information because there were bogus gas connections. More than 30% of the gas cylinders have been distributed to bogus addresses in his area.

4. The State Public Information Officer submitted that the information could not be provided, as the gas agency was reluctant to provide the information.

5. The Commission observed that all the gas agencies are under the control of the District Collector, who is helped by the District Supply Officer in such matters. Hence, the information requested by