The Court dismissed a writ petition where a Cooperative Bank sought a declaration that the Right to Information Act, 2005 did not apply. The Judgment relied on a Full Bench decision holding such societies are public authorities under Section 2(h).
Declaration sought that RTI Act is not applicable to the Petitioner was denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
THURSDAY, THE 19TH DAY OF JULY 2012/28TH ASHADHA 1934
WP(C).No. 65 of 2011 (G)
PETITIONER:
KANNUR DISTRICT CO-OPERATIVE BANK LTD., KANNUR-1, REP. BY IT'S GENERAL MANAGER-IN-CHARGE.
BY ADVS.SRI.P.NARAYANAN,
SRI.M.C.RATNAKARAN, SMT.M.R.JAYALATHA, SMT.M.MEENA JOHN.
RESPONDENTS:
1. THE STATE INFORMATION COMMISSION, REP. BY ITS SECRETARY, PUNNEN ROAD, THIRUVANANTHAPURAM, PIN – 695 001.
2. M.O.SAMMER, POOTHATTAVEEDU, CHOVVA.P.O., KANNUR DT., PIN-670 006.
R1 BY ADV. SRI.M.AJAY, S.C.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NO.65/2011-G:
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
K.SURENDRA MOHAN, J
= = = = = = = = = = = = =
Dated this the 19th July, 2012.
J U D G M E N T
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.
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.
In view of the above binding declaration of the law, this writ petition is dismissed.
K.SURENDRA MOHAN, (Judge)
Kvs/-
1 issue framed by the court
Whether the Right to Information Act, 2005 is applicable to a Cooperative Society registered under the Kerala Co-operative Societies Act, 1969.
Colour shows how this judgement treated each authority
Mulloor Rural Co-operative Society Ltd. v. State of KeralaFollowed¶30
Mulloor Rural Co-operative Society Ltd. v. State of Kerala (2012(2) KLT 865)
2 provisions across 2 enactments
KANNUR DISTRICT CO-OPERATIVE BANK LTD.
THE STATE INFORMATION COMMISSION
M.O.SAMMER
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
