IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WP(C).No. 35026 of 2010(C) -------------------------- PETITIONER(S): --------------- THE KODANCHERY SERVICE CO-OPERATIVE BANK LTD.NO.F 1762, KODANCHERY P.O., KOZHIKODE DISTRICT, PIN - 673 580, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENT(S): --------------- 1. THE STATE INFORMATION COMMISSIONER, UNDER THE RIGHT TO INFORMATION ACT, KERALA, PUNNAN ROAD, THIRUVANANTHAPURAM - 695 039. 2. JOHNSON MANUEL, NELLIKKAYATH HOUSE, KODANCHERY P.O., KOZHIKODE DISTRICT, PIN - 673 580. 3. BABY ZACHARIAS, STATE GENERAL SECRETARY, FARMERS RELIEF FORUM, KERALA STATE, KOODARANHI P.O., KOZHIKODE DISTRICT, PIN - 673 604. 4. THAMBI, THETTALIL HOUSE, VELANCODE P.O., KOZHIKODE DISTRICT, PIN - 673 580. 5. THOMAS K.K., KOTTEPARAMBIL HOUSE, KANNOTH P.O., KOZHIKODE DISTRICT, PIN - 673 580. BY ADV. SRI.M.AJAY, SC, STATE INFORMATION COMMN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.35026 of 2010 ------------------------------- Dated this the 11th day of January, 2011 J U D G M E N T The petitioner is a co-operative society registered under the provisions of the Kerala Co-operative Societies Act, 1969. Respondents 2 to 5 are the members of the petitioner society. They have submitted the originals of Exts.P1 to P5 applications under the Right to Information Act, 2005 seeking information in relation to various matters. In this writ petition, the petitioner seeks a declaration that the petitioner society is not a public authority as defined in the Right to Information Act, 2005 and therefore not bound to give the information sought in Exts.P1 to P5. In my opinion, it is for the petitioner society to furnish a reply to Exts.P1 to P5 letters. If the petitioner society has a contention that it is not a public authority as defined in section 2(b) of the Right to Information Act, 2005, the petitioner has to give a reply in the said lines to the persons seeking information and thereafter leave it to them to move the appropriate forum constituted under the Act. In such circumstances, I am of the opinion that this writ petition is pre-mature. It is accordingly dismissed without prejudice to the right of the petitioner to furnish a proper reply to Exts.P1 to P5. P.N. RAVINDRAN, JUDGE. nj.