IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 4489 of 2006(H) ------------------------- PETITIONER(S): --------------- 1. SREE BHAGAVATHI HANDLOOM WEAVERS CO-OPERATIVE SOCIETY, T.350, KELESWARAM, KALLIYOOR, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY, VISWAMBHARAN. 2. MANGALODAYAM HANDLOOM WEAVERS CO-OPERATIVE SOCIETY H.125, MANGALATHUKONAM, KATTACHALKUZHY, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY, GOPALAKRISHNAN. 3. VATTAVILA HANDLOOM WEAVERS CO-OPERATIVE SOCIETY H.196, MANGALATHUKONAM, KATTACHALKUZHY, THIRUVANANTHAPURAMN REPRESENTED BY ITS SECRETARY RAJAN. 4. MANGALATHUKONAM PADINJAREKKARA HANDLOOM WEAVERS CO-OPPERATIVE SOCIETY H. 228, UCHAKKADA PAYATTUVILA, BALARAMAPURAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, R.S.SHEENA. 5. SANTHIPURAM VANITHA HANDLOOK WEAVERS CO-OPERATIVE SOCIETIES NO.T.630, MANNOTHUKONA, PAYATTUVILA, BALARAMAPURAM, THIRUVANANTHAPURAM. REPRESENTED BYMN ITS SECRETARY SOBHANA. 6. MULLUVILA HANDLOOM WEAVERS CO-OPERATIVES SOCIETY H.173, KATTACHALKUZHY, BALARAMAPURAM, REPRESENTED BY ITS SECRETARY, KUMARI REKHA. 7. SAMA BHAVANA SILKS HANDLOOM WEAVERS CO-OPERATIVE SOCIETY T 549, PAYATTUVILA, BALARAMAPURAM, REPRESENTED BY THE SECRETARY, KUMARI REKHA. 8. MANOTTUKONAM HANDLOOM WEAVERSCO-OPERATIV E SOCIETY, H 138,MANGALATHUKONAM, KATTACHALKUZHY, THIRUVANANTHAPURAMN, REPRESENTED BY ITS SECRETARY, BINU M.V. 9. KIRAN POLYSTER HHANDLOOK WEAVERS CO-OPERATIVE SOCIETY, NO.T. 560, MANGALATHUKONAM, KATTACHALKUZHY, REPRESENTED BY ITS SECRETARY, BINU M.V. WP(C).No. 4489 of 2006 10. NAVODAYA POLYSTER HANDLOOM WEAVERS CO-=OPERATIVE SOCIETY, T-600, KATTACHALKUZHY, REPRESENTED BY ITS SECRETARY, S.V.PRAVEEN. 11. JANATHA SILK HANDLOOM WEAVERS CO-OP. SOCIETY, T.691, PUTHENKONAM, KATTACHALKUZHY, REPRESENTED BY ITS SECRETARY, R.PRADEEP, 12. PURUGAMANA HANDLOOM WEAVERS CO-OP. SOCIETY, NO.3450, MANGALATHUKONAM, KATTACHALKUZHY, REPRESENTED BY ITS SECRETARY, SUKU.G.\ 13. MANGALATHUKONAM HANDLOOM WEAVERS CO-OP. SOCIETY C 3375, MANGALATHUKONAM, REPRESENTED BY ITS SECRETARU. S.SURESH KUMAR. 14. ANJENAYA SILKS HANDLLOM WEAVERS CO-OPEATIVE SOCIETY, T 529, KOTTUKAL, PAYATTUVILA, REPRESENTED BY ITS SECRETARY, BINDU.R. 15. SREE MOOKAMBIA, HANDLOOM WEAVERS CO-OP. SOCIETY. T 572, KOTTUKAL, PAYATTUVILA, REPRESENTED BY ITS SECRETARY SUNITHA.V. 16. UCHAKKADA KAITHARI SANGHOM, NO.3702, KIDARAKKUZHI, REPRESENTED BY ITS SECRETARY, S.BHCOSHAN. 17. SREE CHITHRA THIRUNAL HANDLOOM WEAVERS CO-OP.SOCIETY, T 530, KAVINPURAM, KATTACHALKUZHY, REPRESENTED BY ITS SECRETARY, JAYAKUMAR .S. 18. SREE MAHALAKSHMI HANDLOOM WEAVERS CO-OPERATIVE SOCIETY, SL.514, MANNOTTUKONAM, PAYATTUVILA, REPRESENTED BY ITS SECRETARY, USHAKUMARI. 19. NELLIVILA HANDLOOM WEAVERS CO-OP. SOCIETIES, 3419, PANAYARAKUNNU, REPRESENTED BY ITS SECRETARY, RAJANBABU.B. 20. PATHIRIKODU HANDLOOM WEAVERS CO-OP. SOCIETY, H.105, VADAKKEVILA, BALRAMAPURAM, REP. BY ITS SECRETARY, NANDINI G.K. BY ADV. SRI.V.S.BABU GIREESAN WP(C).No. 4489 of 2006 RESPONDENT(S): ----- --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCEITIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE HANDLOOM CO-OPERATIVE INSPECTOR, BALARAMAPURAM CIRCLE, BALARAMAPURAM, THIRUVANANTHAPURAM. 4. N.VISWAMBHARAN, BEENA INSPECTOR, BALARAMAPURAM, THIRUVANANTHAPURAM. 5. S.RAJAN, SECRETARY, KAITHARI NEYTHU THOZHILALI SAMRAKSHANA SAMITHOI, MANGALATHUKONAM KUTTICHALKUZHY, THIRUVANANTHAPURAM. ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE FOR R4 & R5 GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2009, ALONG WITH WPC NOS. 6187 OF 2006,6208 OF 2006,10784 OF 2006, 9494 OF 2006, 11421 OF 2006,10285 OF 2006, 31004 OF 2006 AND 33069 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4489 of 2006 APPENDIX PETITIONERS EXHIBITS: EXT.P1: TRUE COPY OF THE BYE-LAW OF ONE UNIT EXT.P2: TRUE COPY OF THE AUDIT REPORT FOR THE YEAR 1984-85 EXT.P3: TRUE COPY OF THE ORDER IN COMPLAINTS NO.32 OF 2000 EXT.P4: TRUE COPY OF THE ORDER IN COMPLAINS.322 OF 2000 EXT.P5: TRUE COPY OF THE ORDER IN COMPLAINTS NO.358 OF 2002 DATED 19/7/2003. EXT.P6: TRUE COPY OF THE ORDER IN COMPLAINTS NO.670 OF 2000 DATED 16/1/2001. EXT.P7: TRUE COPY OF THE APPLICATION WITH THE FORM AND THE NOTICE ISSUED DATED 30/1/2006. EXT.P8: TRUE COPY OF THE AUDIT REPORT OF ONE OF THE SOCIETIES FOR THE YEAR 2001-2002 EXT.P9: TRUE COPY OF THE JUDGMENT IN C.C.NO.246 OF 2000 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEYYATTINKARA EXT.P10. TRUE COPY OF JUDGMENT IN C.C.NO.1002/96 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEYYATTINKARA EXT.P11: TRUE COPY OF THE JUDGMENT IN O.P.NO.3332 OF 1996 OF THE HON'BLE HIGH COURT OF KERALA RESPONDENTS EXHIBITS: EXT.R4(A): TRUE COPY OF THE ENQUIRY REPORT DATED 12/3/2003 SUBMITTED BY THE SUPDT. OF POLICE BEFORE THE KOK AYUKTA EXT.R4(B): TRUE COPY OF THE NEWS REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 3/6/1990. EXT.R4(C): TRUE COPY OF THE REPORT DATED 24/11/2004 SUBMITTED BY THE ENQUIRY OFFICER BEFORE THE LOK AYUKTA PA TO JUDGE P.R.RAMACHANDRA MENON.J --------------------------------------------------- W.P.(C).NOs.4489 of 2006,6187 of 2006,6208 of 2006, 10784 of 2006, 9494 of 2006,11421 of 2006, 10285 of 2006,31004 of 2006, 33069 of 2006 ------------------------------------------------------ Dated this the 25th September,2009 JUDGMENT The common issue involved in all these writ petitions is whether the petitioner society is a 'public authority' as defined under section 2 of the Right to Information Act,2005 ('Act' in short) and whether the concerned authority under the Right to Information Act,2005 was right in directing the petitioners to furnish the requisite information as sought for by the applicants, that too, without issuing any notice u/s.11 of the Act, giving opportunity of being heard. 2. All the Writ Petitions except W.P.(C) NO.33069/2006 are filed by differed Handloom Weavers' Co-operative Societies challenging the impugned proceedings of the concerned the General Manager of the District Industries Centre who is stated as the competent authority under the Right to Information Act, whereas the petitioner in W.P.(C) No.33069/2006 is a Co-operative Hospital Society and the impugned order therein has been passed by the Joint Registrar of Co-operative Societies (General), Kannur, who is W.P.(C).NOs.4489 of 2006,6187 of 2006,6208 of 2006,10784 of 2006, 9494 of 2006,11421 of 2006, 10285 of 2006,31004 of 2006, 33069 of 2006 2 the concerned authority under the 'Act'. 3. All the the learned counsel for petitioners submit that the crucial issue as to the scope and applicability of the 'Act' has already been considered by this Court as per the decision reported in 2009 (2) KLT 507 holding that Kerala Co-operative Societies registered under the Kerala Co-operative Societies Act are 'public authorities' for the purpose of the 'Act' and that the matter has to be dealt in the manner specified therein. It is also brought to the notice of this Court that the above decision was subjected to challenge by the aggrieved parties; leading to the judgment passed by a Division Bench of this Court as reported in 2009 (3) KLT 1001 whereby the finding rendered by the learned Single Judge that the Co-operative Societies are 'public authorities' was varied/modified, holding that it is for the competent authority under the 'Act', to take a decision on the point whether the Society is a 'public authority' or not, uninfluenced by the observations in the judgment passed by the learned Single Judge. 4. Going by the dictum laid down by the Division Bench of this Court, these matters require re-consideration by the competent authority under the Right to Information Act, particularly as to the W.P.(C).NOs.4489 of 2006,6187 of 2006,6208 of 2006,10784 of 2006, 9494 of 2006,11421 of 2006, 10285 of 2006,31004 of 2006, 33069 of 2006 3 status of the petitioner societies, whether they do come within the purview of the 2(h) of the 'Act' as a 'public authority', with liability to provide the information sought for under section 6 of the 'Act' and further, if all the requisite formalities as prescribed have been complied with in this regard. 5. In the above circumstances, the orders impugned in the Writ Petitions are set aside and the Competent authorities under the Right to Information Act are hereby directed to consider the complaints preferred by the applicants under section 6 of the 'Act' afresh and to pass appropriate orders in accordance with the law, of course, in the light of the dictum in 2009 (3) KLT 1001 and also after giving an opportunity of hearing to the applicants as well as the concerned respondents. This shall be done as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of the judgment. The Writ Petitions are disposed of accordingly. P.R.RAMACHANDRA MENON,JUDGE ssn