Dismissed

Palakuzha Service Co-Operative Bank Ltd. v. the State Information Commissioner & Anr.

Kerala HC19 Jul 2012WP(C)/1014/2011

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the applicability of the Right to Information Act, 2005 to a petitioner Co-operative Bank. Relying on a Full Bench decision, the court held that Co-operative Societies are public authorities under Section 2(h) of the Act.

What did the court decide?

Declaration that the Right to Information Act, 2005 is not applicable to the petitioner Co-operative Society was dismissed.

Palakuzha Service Co-Operative Bank… — Constitutional and Fundamental Rights | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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THURSDAY, THE 19TH DAY OF JULY 2012/28TH ASHADHA 1934

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WP(C).No. 1014 of 2011 (B)

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PETITIONER:

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PALAKUZHA SERVICE CO-OPERATIVE BANK LTD.NO.E 81, PALAKUZHA P.O. KOOTHATTUKULAM (VIA) ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY-IN-CHARGE.

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BY ADVS.SRI.P.V.BABY SRI.R.KIRAN

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RESPONDENTS:

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1. THE STATE INFORMATION COMMISSIONER, UNDER THE RIGHT TO INFORMATION ACT, KERALA PUNNAN ROAD, THIRUVANANTHAPURAM-695 039.

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2. SHAJU JACOB, S/O.JACOB, KURISSINGAL HOUSE, MARIKA P.O., PALAKUZHA ERNAKULAM DISTRICT, PIN-686 662.

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R1 BY ADV. SRI.M.AJAY, SC, STATE INFORMATION COMMISSION

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1014 of 2011 (B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: TRUE PHOTOCOPY OF THE APPLICATION DT 20/4/2009 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE PETITIONER

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EXT.P2: TRUE PHOTOCOPY OF THE COMMUNICATION DT 20/5/2009 SUBMITTED BY THE 2ND RESPONDENT

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EXT.P3: TRUE PHOTOCOPY OF THE COMMUNICATION DT 11/6/2009 SUBMITTED BY THE WND RESPONDENT BEFORE THE PETITIONER

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EXT.P4: TRUE PHOTOCOPY OF THE APPLICATION DT 24/6/2009 SUMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT

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EXT.P5: TRUE PHOTOCOPY OF THE NOTICE DT 8/7/2009 ISSUED BY THE 1ST RESPONDENT

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EXT.P6: TRUE PHOTOCOPY OF THE REPORT DT 18/7/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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EXT.P7: TRUE PHOTOCOPY OF THE NOTICE DT 4/11/2010ISSUED BY THE 1ST RESPONDENT

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EXT.P8: COPY OF REPLY DT. 20/11/2010 WAS SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT

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EXT.P9: TRUE PHOTOCOPY ORDER DT 14/12/2010 ISSUED FIRST RESPONDENT

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RESPONDENT'S EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE

K.SURENDRA MOHAN, J

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= = = = = = = = = = = = = WP(C).No.1014 of 2011

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= = = = = = = = = = = = =

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Dated this the 19^th July, 2012.

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J U D G M E N T

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The petitioner has sought for a declaration that the Right to Information Act, 2005 is not applicable to the petitioner – Co-operative Society registered under the Kerala Co-operative Societies Act, 1969.

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A Full Bench of this Court has in Mulloor Rural

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Co-operative Society Ltd. v. State of Kerala (2012(2) KLT 865) held that a Co-operative Society registered under the Kerala Co-operative Societies Act is a “public authority” within the meaning of Section 2(h) of the Right to Information Act. Therefore, the provisions of the said Act are applicable to Co-operative Societies also.

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In view of the above binding declaration of the law, this writ petition is dismissed.

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K.SURENDRA MOHAN, (Judge)

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Kvs/-

Palakuzha Service Co-Operative Bank Ltd. v. the State Information Commissioner & Anr.

Case brief

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Palakuzha Service Co-Operative Bank Ltd. v. the State Information Commissioner & Anr.

Case brief

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