The Court dismissed a writ petition challenging the applicability of the Right to Information Act, 2005 to a Co-operative Bank. Relying on a Full Bench decision, it held that the Act applies to such societies.
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. 896 of 2011 (J)
PETITIONER:
THALAPALAM SERVICE CO-OPERATIVE BANK LIMITED NO.3937, PLASSANAL.P.O, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY,N.C.GEORGE.
BY ADVS.SRI.P.V.BABY, SRI.R.KIRAN.
RESPONDENTS:
1. THE STATE INFORMATION COMMISSIONER, UNDER THE RIGHT TO INFORMATION ACT,KERALA, PUNNAN ROAD,THIRUVANANTHAPURAM-695 039.
2. SANTHOSH BABU.K.K, KONDATTU HOUSE, THALAPPALAM, PLASSANAL.P.O-686 579,KOTTAYAM DISTRICT.
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.896/2011-J:
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P.1: | COPY OF THE APPEAL DTD. 28/07/2009 FILED BY THE R.2. BEFORE THE R.1. |
|---|---|
| EXT.P.2: | COPY OF THE NOTICE DTD. 29/04/2010 ISSUED BY THE R.1. TO THE PETITIONER. |
| EXT.P.3: | COPY OF THE REPORT DTD. 14/05/2010. |
| EXT.P.4: | COPY OF THE NOTICE DTD. 27/05/2010. |
| EXT.P.5: | COPY OF THE AFFIDAVIT DTD. 17/06/2010. |
| EXT.P.6: | COPY OF THE ORDER OF THE R.1. DTD. 30/11/2010. |
RESPONDENTS' EXHIBITS:
//TRUE COPY//
P.A. TO JUDGE.
Prv.
K.SURENDRA MOHAN, J
= = = = = = = = = = = = = WP(C).No.896 of 2011 = = = = = = = = = = = = =
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/-
2 issues framed by the court
Whether the Right to Information Act, 2005 is applicable to a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969.
Whether the binding declaration of a Full Bench of this Court regarding the applicability of the Act to Co-operative Societies has been correctly applied.
Colour shows how this judgement treated each authority
Mulloor Rural Co-operative Society Ltd. v. State of KeralaExplained¶27
Mulloor Rural Co-operative Society Ltd. v. State of Kerala (2012(2) KLT 865)
2 provisions across 2 enactments
Thalapalam Service Co-operative Bank Limited
State Information Commissioner
Santhosh Babu K.K
K.Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
