IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 14779 of 2007(H) -------------------------- PETITIONER(S): ------------------ 1. ANCHAL SERVICE CO-OPERATIVE BANK LTD. NO.2574, ANCHAL, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, ANCHAL SERVICE CO-OPERATIVE BANK LTD.NO.2574, ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S): ------------------- 1. STATE INFORMATION COMMISSION, KERALA, PUNNAN ROAD, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. SECRETARY, STATE INFORMATION COMMISSION, KERALA, PUNNAN ROAD, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 4. V. BHASI, PRASANTHI, ANCHAL, NEDIYARA, P.O.ANCHAL, KOLLAM DISTRICT. ADV. SRI.M.AJAY, SC, STATE INFORMATION COMMN FOR R1,2 SRI.P.K.VIJAYAMOHANAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14779/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE JUDGMENT DT 11.12.03 IN O.P.NO.2933/2003 OF THIS HON'BLE COURT. EXT.P2: A TRUE COPY OF THE REQUEST FILED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT SEEKING INFORMATION. EXT.P3: A TRUE COPY OF THE REQUEST SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 19.3.2007. EXT.P4: A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 22.3.2007. EXT.P5: TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED NIL. EXT.P6: TRUE COPY OF HT EPOSTAL ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF THE DOCUMENTS BY THE 4TH RESPONDENT. EXT.P7: TRUE COPY OF THE ORDER DATED 30.3.2007 PASSED BY THE 1ST RESPONDENT. EXT.P8: TRUE COPY OF THE NOTICE DATED 26.4.2007 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS. EXT.P9: TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 24.1.2007. EXTS. OF R4 EXT.R4(a): TRUE COPY OF THE ORDER NO.12/2004 DATED 29.5.2004 ISSUED BY THE BANK. EXT.R4(b): TRUE COPY OF THE PROCEEDINGS DATED 15.4.2004 OF THE ENQUIRY OFFICER. EXT.R4(c): TRUE COPY OF THE COMMUNICATION DATED 28.5.2007 OF THIS DEPONENT. EXT.R4(d): TRUE COPY OF THE COMMUNICATION NO.E 278/06 DT 6.6.2006 OF THE JOINT REGISTRAR (GENERAL), KOLLAM. EXT.R4(e): TRUE COPY OF THE ORDER NO.G(1) 30914/2006 DATED 16.9.2006 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES. WPC NO.14779/07 -2- EXT.R4(f): TRUE COPY OF THE STATEMENT OF THE 2ND RESPONDENT IN A.R.C.NO.1/2003. EXT.R4(g): TRUE CERTIFIED COPY OF THE OBJECTION FILED BY THE 2ND RESPONDENT BEFORE THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (ARBITRATOR), PUNALUR. EXT.R4(h): TRUE COPY OF THE RESOLUTION NO.158 DATED 12.8.2006 OF THE BANK. EXT.R4(i): TRUE COPY OF THE REPORT NO.CRP(2) 6203/2006 DATED 27.1.2007 OF THE JOINT REGISTRAR (GENERAL), KOLLAM. EXT.R4(j): TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE SECRETARY OF THE PATHANAPURAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK DT 8.2.2007. EXT.R4(k): TRUE COPY OF THE APPLICATION DATED 14.4.2007 IN THE APPEAL BEFORE THE 1ST RESPONDENT. EXT.R4(l): TRUE COPY OF THE REMINDER ISSUED BY THE JOINT REGISTRAR DATED 21.4.2007 TO THE BANK. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 14779 OF 2007 (H) ===================== Dated this the 1st day of October, 2009 J U D G M E N T The issue raised in this writ petition is as to whether the first petitioner is covered by the provisions of the Right to Information Act, 2005. This very issue was the subject matter of the judgment of a Division Bench reported in Thalapalam Service Co- operative Bank Ltd. v. Union of India (2009(3) KLT 1001). In view of the above, this writ petition is disposed of clarifying that the issue raised herein will be governed by the directions in the judgment referred to above. ANTONY DOMINIC, JUDGE Rp