IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 27349 of 2010(P) -------------------------------------- PETITIONER: ------------------- KUMARAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.4122,KALOOR EAST.P.O,THODUPUZHA, REP.BY ITS SECRETARY. BY ADVS. SRI.V.M.KURIAN, SRI. MATHEW B. KURIAN, SRI.K.T. THOMAS. RESPONDENTS: ------------------------ 1. STATE INFORMATION COMMISSION, PUNNEN ROAD, THIRUVANANTHAPURAM-695 039,REP.BY ITS SECRETARY. 2. A.J.GEORGE,MADASSERIL,KALOOR EAST.P.O, THODUPUZHA-685 584. R1 BY ADV. SRI.M.AJAY, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.27349 OF 2010 -------------------------------------------- Dated this the 3rd day of September, 2010 JUDGMENT The petitioner Society is a primary credit society registered under the Kerala Co-operative Societies Act, 1969 for short 'the Act' only. The grievance of the petitioner is against Ext.P4 holding the petitioner Society a public authority under Section 2(h) of the Right to Information Act, 2005. The main contention of the petitioner is that the said decision was taken without appreciating its contentions in the light of the decision of this Court rendered in 2009 (3) KLT 1001 and that it is founded on mis- conception of facts. In the affidavit submitted before the first respondent, it was stated as hereunder:- “The society has been receiving small repayable advances from 1963 to 2001 from the Government for the purpose of construction of godown, office, strong room, cash counter etc. and for establishment of Neethi Store, purchase of furniture etc. The enclosed statement shows the position. As on 31.03.2009, the W.P.(C) NO.27349/2010 2 share capital contribution of the society stands at Rs.48,30,181/-. Except for the aforesaid advances, no other contribution is made by the Government.” The contention is that the said amount of Rs.48,30,181/- was taken as the governmental contribution towards the share capital by the first respondent and in troth, it is the total share capital contribution. The governmental share capital contribution was, in fact, less than 8% of the total share capital, it is further contended. As already noticed hereinbefore, evidently, the decision in Ext.P4 was arrived at mainly on the conclusion that the aforementioned amount was governmental contribution towards the share capital. In the light of the specific contentions raised by the petitioner in this Writ Petition, I am of the view that the decision in Ext.P4 requires reconsideration. Therefore, Ext.P4 is set aside and the matter is remitted back to the first respondent for fresh consideration on the question whether the petitioner Society is a public authority as defined under Section 2(h) of the Right to Information Act, 2005. It is made clear that it will be open to the petitioner to file an additional affidavit clarifying the aforesaid position ie., the statement already made in Ext.P3 affidavit. It is also made clear that it will be open to the petitioner to raise all other contentions as well before the first respondent. The first respondent shall W.P.(C) NO.27349/2010 3 decide the issue with notice to all concerned. The Writ Petition is disposed of accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.27349/2010 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010