IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27155 of 2011(T) ---------------------------------- PETITIONER(S): ------------------- THE KOOVAPPALLY SERVICE CO-OPERATIVE BANK, LTD. NO. 3949, REPRESENTED BY ITS SECRETARY, KOOVAPPALLY.P.O, KOTTAYAM. BY ADVS. SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI RESPONDENT(S): -------------------- 1. STATE INFORMATION COMMISSIONER, OFFICE OF THE STATE INFORMATION COMMISSION, PUNNAN ROAD, THIRUVANANTHAPURAM - 695 001. 2. ABRAHAM K. MATHEW, OTTAPLACKAL HOUSE, KOOVAPALLY.P.O, KOTTAYAM - 686 518. R1 BY ADV. SRI.M.AJAY, SC., SELF INFORMATION COMMISSION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 27155/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DECISION REPORTED IN 2009 (3) KLT 1001. P2: COPY OF THE PETITION FILED BY THE 2ND RESPONDENT DATED 07/02/2011. P3: COPY OF THE REPLY DATED 03/03/2011 OF THE PETITIONER. P4: COPY OF THE ORDER DATED 17/09/2011 OF THE 1ST RESPONDENT. P5: COPY OF THE FULL TEXT OF THE JUDGMENT OF THE KARNATAKA HIGH COURT. P6: COPY OF THE INTERIM ORDER DATED 23/04/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N. RAVINDRAN, J. ------------------------------- W.P (C) No.27155 of 2011 ------------------------------- Dated this the 17th day of October, 2011 J U D G M E N T Ext.P4 letter sent by the Additional Secretary (Law) in the office of the State Information Commission to the petitioner society calling for a report as regards the steps taken by the petitioner society on an application filed by the second respondent under the Right to Information Act, 2005 is under challenge in this writ petition. The main contention raised by the petitioner is that it is not a public authority as defined in the Right to Information Act, 2005 and therefore, the State Information Commission has no jurisdiction or authority to entertain a complaint under the Right to Information Act, 2005 or to direct the petitioner society to furnish the information. It is also contended that before the impugned direction was issued, the petitioner was not put on notice or heard by the State Information Commission. 2. The pleadings and the materials on record disclose that the second respondent, a member of the petitioner society had sent Ext.P2 letter dated 7.2.2011 requesting for information under the Right to Information Act. The Secretary of the Bank in turn sent Ext.P3 letter dated 3.3.2011, wherein relying on the decision of this W.P.(C) No.27155 of 2011 2 Court in Thalapalam Service Co-operative Bank Ltd. v. Union of India (2009 (3) KLT 1001), the Secretary of the bank informed the second respondent that the bank is not bound to furnish the information. It appears the second respondent filed a complaint before the State Information Commission which called for a report from the Joint Registrar of Co-operative Societies and thereafter entered a finding that the petitioner society is a public authority and called upon the petitioner society to furnish the informaton and submit a report within 7 days. The procedure adopted by the State Information Commission on the complaint submitted by the second respondent is admittedly not in conformity with the provisions contained in the Right to Information Act, 2005. 3. Sri.M.Ajay, learned standing counsel appearing for the State Information Commission very fairly submitted that the Commission ought to have furnished a copy of the complaint, issued notice to the petitioner, afforded it an opportunity of being heard and thereafter taken an appropriate decision having regard to the contentions of both sides. The learned standing counsel also submitted that the State Information Commission will issue notice to the petitioner, hear the petitioner and take a fresh decision in the matter expeditiously. W.P.(C) No.27155 of 2011 3 In the light of the said submission and having regard to the fact that the direction in Ext.P4 letter was issued without hearing the petitioner, I allow the writ petition, set aside the direction in Ext.P4 and direct the State Information Commission to issue notice to the Secretary of the petitioner society along with a copy of the complaint dated 27.5.2011 referred to in Ext.P4, hear the parties and take an appropriate decision in the matter having regard to the decision of this Court referred to above. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 27155 of 2011 JUDGMENT Dated:- 17th October, 2011 --------------------------------------