IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 34144 of 2011(P) -------------------------------- PETITIONER(S) : --------------------- EAST KALLADA SERVICE CO-OPERATIVE BANK LTD., Q-187, EAST KALLADA P.O., KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADVS. SMT.A.G.ANEETHA SMT.REKHA NAIR RESPONDENT(S) : ------------------------ 1. THE STATE INFORMATION COMMISSIONER, OFFICE OF THE STATE INFORMATION COMMISSIONER, THIRUVANANTHAPURAM – 695 001. 2. K.SOMAN, VALIYA AMPUVILA VEEDU, THEKKEMURI, KIZHAKKE KALLADA P.O., KOLLAM DISTRICT, PIN – 691 502. R1 BY M.AJAY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WPC NO.34144 OF 2011 (P) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : COPY OF APPLICATION DATED 21/7/2011 FILED UNDER RIGHT TO INFORMATION ACT BY THE 2ND RESPONDENT. EXT.P2 : COPY OF COVERING LETTER DATED 26/7/2011 GIVING COPY OF BYELAW SOUGHT. EXT.P3 : COPY OF APPLICATION DATED NIL SEEKING INFORMATION REG. COMMITTEE MEMBERS. EXT.P4 : COPY OF APPLICATION DATED 28/10/11 SEEKING DETAILS REGARDING ALL THE MEMBERS AND FINANCIAL TRANSACTIONS OF CERTAIN MEMBERS. EXT.P5 : COPY OF COMMUNICATION DATED 24/11/2011 REJECTING REQUEST. EXT.P6 : COPY OF COMPLAINT FILED BEFORE PRESIDENT DATED 6/12/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AMV P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 34144 of 2011 ----------------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT The second respondent is a member of the petitioner co- operative society. Recently he submitted Ext.P4 application under the Right to Information Act, 2005 to the Secretary of the petitioner society asking for information. The Secretary in turn sent Ext.P5 letter stating that information sought cannot be given. Aggrieved thereby the second respondent filed Ext.P6 appeal before the President of the petitioner society. This writ petition is filed for a declaration that the petitioner bank will not come under the purview of the Right to Information Act, 2005. The petitioner has also prayed for other reliefs. In my opinion this writ petition is not maintainable and the reliefs prayed for cannot be granted. The stand of the petitioner is that the Right to Information Act, 2005 is not applicable to the petitioner bank. It is for the President of the petitioner bank, to whom Ext.P6 appeal has been addressed to take an appropriate decision thereon. The point raised by the petitioner will have to WP(C)No. 34144 of 2011 -2- be decided in the event of the second respondent moving the State Information Commission either by way of appeal or by filing complaint. I therefore find no reason to entertain the writ petition. The writ petition fails and is accordingly dismissed, reserving liberty with the President of the petitioner society to take an appropriate decision on Ext.P6 appeal. The contentions of the petitioner bank as regards applicability of the Right to Information Act, 2005 to it are kept open. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //true copy// PA to Judge.