IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 1457 of 2009(W) ------------------------- PETITIONER(S): --------------- THE ERNAKULAM DISTRICT AGRI- HORTICULTURAL SOCIETY, REG.NI. ER 117/76, OLD COLLECTORATE CAMPUS, OPP. SUBASH PARK, KOCHI -11, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.V.SURENDRANATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. STATE PUBLIC INFORMATION OFFICER, & DEPUTY COLLECTOR (GENERAL), ERNAKULAM DISTICT, ERNAKULAM. 3. STATE INFORMATION COMMISSION, KERALA, PUNNAN ROAD, THIRUVANANTHAPURM 695 039, REPRESENTED BY ITS SECRETARY. 4. CHIEF INFORMATION COMMISSIONER, KERALA, PUNNAN ROAD, THIRUVANANTHAPURAM 695 039, REPRESENTED BY ITS SECRETARY, 5. ASHIQUE A. MOHAMMED ALI, ADVOCATE CC 6/2017 A, LALAN ROAD, ERNAKULAM. ADV. SRI.M.AJAY, SC, STATE INFORMATION COMMN FOR R3-4 SRI.PEEYUS A.KOTTAM FOR R5 GOVT. PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 1457 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th day of June, 2010. J U D G M E N T The petitioner is a society registered under the Travancore- Cochin Literary, Scientific and Charitable Societies (Registration) Act, 1955. The petitioner is aggrieved by proceedings under the Right to Information Act. According to the petitioner, the petitioner is not a public authority as defined under the Right to Information Act so as to be bound by the provisions of the Act. The petitioner therefore seeks the following reliefs: “(i) To issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exts.P1 P4, P6, P8, P9, P10, P11, P12 and quash the same and all proceedings in pursuant to and in furtherance thereof pending before the respondents 2 to 4. (ii) to declare that the provisions contained in the Right to Information Act, 2005 is not applicable to the petitioner society since the petitioner society is not a public authority as defined under Section 2(h) of the Right to Information Act. (iii) Declare that the 5th respondent is not legally entitled to obtain the informations sought for by him in Ext. P2 from the petitioner society.” 2. According to the learned standing counsel for the State Information Commission, there is no absolute rule that all societies are exempt from the purview of the Right to Information Act. According to him, asheld by a Division Bench of this Court in respect of co-operative societies under the Kerala Co-operative Societies Act, [vide Thalapalam Service Co-operative Bank Ltd., v. Union of India, 2009(3) KLT 1001], the question has to be considered in respect of each society taking into account the facts and circumstances of each case. He would submit that the State Information Commission is seized of the matter and the petitioner would be free to produce any evidence in support of their contention W.P.C. No. 1457/2009. -: 2 :- that they are not a public authority as defined under the Act, which would be duly considered by the State Information Commission before passing a final order regarding the applicability of the Act to the petitioner-society. 3. I have heard both sides. In view of the specific statement of the learned standing counsel for the State Information Commission, I am of opinion that the petitioner has to produce their evidence before the State Information Commission in respect of their contention that their society does not answer the definition of “public authority” in the Right to Information Act. Therefore, without prejudice to that right, this writ petition is closed. However, until the State Information Commission takes a final decision in the matter, they shall not initiate any coercive proceedings against the petitioner for enforcing the provisions of the Act against the petitioner. Sd/- S. Siri Jagan, Judge. Tds/