Kerala High Court
Antony vs State Information Commission on 27 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 18548 OF 2015
PETITIONER/S:
ANTONY
AGED 72 YEARS
S/O.PUTHEDA VAREDU, PENSIONER, MUKUNDAPURAM TALUK, KALLUR
VILLAGE, KALLUR DESAM, KALLUR P.O., THRISSUR - 680 317.
BY ADVS.
SRI.K.CHANDRACHOODAN (ERNAKULAM)
SRI.INNOCENT FRANCIS PAPALI
RESPONDENT/S:
1 STATE INFORMATION COMMISSION
PUNNEL ROAD, THIRUVANANTHAPURAM - 695 001.
2 SECRETARY
GRAMIN JANATHA WELFARE CO-OPERATIVE SOCIETY, REGISTRATION
NO.1224, KALLUR P.O., THRISSUR - 680 317.
BY ADVS.
SHRI.M.AJAY, SC, STATE INFORMATION COMMN
SRI.T.N.MANOJ
T.N.MANOJ
OTHER PRESENT:
SMT.K.B.SONY-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NO.18548 of 2015
2
JUDGMENT
1. This writ petition was filed on 15.06.2015 seeking a
direction to the first respondent to enforce Ext.P3 order and
to initiate proceedings against the second respondent for
not complying with Ext.P3 order and to impose penalty. The
information sought in Ext.P3 is with respect to the electoral
list of the year 2011.
2. The second respondent has filed a counter affidavit dated
17.08.2015, stating that the second respondent is not a
public authority to provide information under the Right to
Information Act, 2005 (for short, the Act), relying on a
decision of the Hon'ble Supreme Court in Thalappalam
Service Co-operative Bank Ltd. & Ors. v. State of
Kerala and Ors [2013 (4) KLT 232], which holds that the
cooperative societies will not come under the purview of the
RTI Act. He submitted that the said judgment has been
W.P.(C)NO.18548 of 2015
considered by the Hon'ble Supreme Court in D.A.V.College
Trust And Management Society & Ors. v. Director of
Public Instructions & Ors. [(2019) 9 SCC 185], followed
by a Division Bench of this Court in W.A.No.1990/2007.
3. The writ petition has been pending without any interim
order since 2015 and in view of the submission made by the
learned Standing Counsel for the first respondent, I dispose
of this writ petition directing the petitioner to represent the
matter under Section 18 of the Right to Information Act as a
complaint to the first respondent, if he has any subsisting
grievance in the matter, and further directing the first
respondent to pass appropriate orders thereon, after
hearing the petitioner and the second respondent, in
accordance with law.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Shg
W.P.(C)NO.18548 of 2015
APPENDIX OF WP(C) 18548/2015
PETITIONER EXHIBITS
EXHIBIT P1. TRUE COPY OF THE APPLICATION DATED
11.04.2013 SUBMITTED BY THE PETITIONER BEFORE THE
SECOND RESPONDENT.
EXHIBIT P2. TRUE COPY OF THE REPLY SENT BY THE SECOND
RESPONDENT TO THE PETITIONER.
EXHIBIT P29A). TRUE COPY OF ENGLISH TRANSLATION OF
EXHIBIT P2.
EXHIBIT P3. TRUE COPY OF THE ORDER DATED 25.02.2014
OF THE FIRST RESPONDENT.
EXHIBIT P3(A). TRUE COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P3.
EXHIBIT P4. TRUE COPY OF ONE OF THE REMINDERS DATED
14.10.2014 SENT BY THE PETITIONER TO THE FIRST
RESPONDENT.
EXHIBIT P5. TRUE COPY OF THE POSTAL RECEIPT AND THE
ACKNOWLEDGEMENT CARD SHOWING THE RECEIPT OF THE
REMINDERS BY THE FIRST RESPONDENT.
