Dear Sir,I have applied for information from the corporation office.- whether a particular pathway is a public road notified under Kerala Muncipality Act-.It was informed to me by the corporation that the particular document is not available in the office. a) Whther a Govt Authority can mention a particular document is "not available" which is bound to keep by them under law?b) Whether the above answer is appelable or not under RI Act ? Pl AdviceThanking you,Jagan
If you are sure that the PA is the custodian of the information that you asked for, please file First Appeal on the grounds of "misleading" information and "malafide" denial of information.
If you are not sure, then First Appeal can still be filed but the ground will be that the PIO did not transfer the application to the correct PIO under Section 6(3)...within 5 days....under intimation to you.
Depending on the actual situation, the answer given can be correct because information can be provided to an apllicant if it is available.
Or you may submit a fresh application framing it in a different way - asking the Corporation "As per Corporation records, is the particular pathway (give its identification) is public land or private land. Or ask for copy of latest land revenue receipt of particular piece of land containing the pathway Or seek particulars of owners of that particular piece of land containing the parthway Or words to that effect.