IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 29509 of 2008(K) -------------------------- PETITIONER(S): --------------- MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. MAVELIKKARA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS PRESIDENT V.PRABHAKARAN PILLAI. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, MAVELIKKARA. 3. BALARAMAN PILLAI, THEKKUMMURIYIL PANTHAPLAVIL HOUSE, KANNAMANGALAM, MAVELIKKARA, ALAPPUZHA DISTRICT. ADV. SRI.K.HARILAL FOR R3 GOVT. PLEADER SRI. K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 29509/2008. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF CIRCULAR DT. 1-6-2006. EXT.P2 CIRCULAR DT. 1-9-2006. EXT.P3 APPLICATION DT. 3-9-2008. EXT.P4 COMMUNICATION DT. 26-9-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 29509 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd September, 2009. J U D G M E N T The petitioner is a Co-operative Society. They are aggrieved by Exts.P1 and P2 circulars issued by the Registrar of Co-operative Societies and Ext. P4 intimation issued by the Assistant Registrar of the Society, wherein the petitioner has been directed to comply with the provisions of the Right to Information Act, whenever applications are filed before the Society under the said Act. According to the petitioner, the Registrar of Co-operative Societies and the Assistant Registrar have no power to issue such circulars and intimation, which has been held so by this Court in the decision in Thalapalam Service Co-operative Bank Ltd. v. Union of India, 2009(3) KLT 1001. 2. I have heard both parties. 3. The Division Bench has categorically held that the authorities under the Kerala Co-operative Societies Act cannot decide the question as to whether a Co-operative Society is a public authority as defined under the Right to Information Act or not and it is for the authorities under the Right to Information Act to decide that question when occasion arises. In view of the said decision, the petitioner cannot be forced to comply with Exts.P1, P2 and P4. It is held so. As and when a requisition under the Right to Information Act is received by the officer appointed by the petitioner’s society under the Right to Information Act, shall decide the question as to whether the society is a public authority as defined under the Right to Information Act or not, in accordance with the principles laid down in W.P.C. No. 29509/08 -: 2 :- the above said decision of the Division Bench, with further liberty to the parties to take the matter in further appeal etc., as provided under the Right to Information Act. This writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/