Writ appeal filed against an order directing a co-operative bank to provide documents deemed trade secrets. The Apex Court held the petitioner should have approached the appellate authority instead and disposed the appeal by setting aside the lower judgment.
Impugned judgment set aside; Writ Appeal disposed of.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI
FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930
WA.No. 2015 of 2006()
--------------------AGAINST THE JUDGEMENT IN WPC.14686/2006 Dated 06/07/2006 ....................
APPELLANT(S): RESPONDENTS 4 AND 5:
BY ADV. SRI.T.R.RAMACHANDRAN NAIR SRI.V.G.ARUN
RESPONDENT(S): PETITIONER & RESPONDENTS 1,2 & 6:
GOVERNMENT PLEADER FOR R2 TO 4 SMT.A.G.ANEETHA SRI.M.AJAY, SC, STATE INFORMATION COMMN FOR R.3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.B.KOSHY,Ag.C.J. & V.GIRI, J
W.A.2015/2006
Dated this 16th day of January, 2009
JUDGMENT
Koshy (Ag.C.J.)
Writ petitioner applied for copies of certain documents from the appellant Society registered under the Kerala Co-operative societies Act. All documents were given as requested by the petitioner, except the Board resolutions, stating that it contains trade secrets. Learned Judge by the impugned judgment, directed that the documents to be given to the petitioner. The appeal is filed contending that the Co-operative Society is not a public authority and not covered under the Act and it is also further stated that documents required are protected documents, in view of the trade secrets. We are of the view that the petitioner ought to have approached the second respondent instead of this Court. He also wants further documents as the second respondent is the appellate authority. If the petitioner is still aggrieved, he may approach the second respondent for the relief and
W.A.2015/2006
2
the same shall be considered by the second respondent untrammelled by the observations in the impugned judgment. Impugned judgment is set aside.
Appeal is disposed of as above.
J.B.KOSHY, Acting Chief Justice
V.GIRI, Judge
mrcs
1 provisions across 1 enactments
Tanalur Service Co-operative Bank Ltd.
Veliyath Abu Razak
State of Kerala
J.B. Koshy
V. Giri
As recorded by the court registry
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