High Court of KeralaWP(C)/27709/2011disposed of

Chalakkudy Service Co-Operative Bank Ltd v. P.K.Viswambaran And Others

2015-03-03Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No. 27709 of 2011 (K) ---------------------------- PETITIONER(S):

----------------- CHALAKKUDY SERVICE CO-OPERATIVE BANK LTD NO.R.192, CHALAKKUDY, PIN 680 307 THRISSUR, DISTRICT REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S):

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1. P.K.VISWAMBARAN,PANDIYATH HOUSE, KWA QUARTERS, TRAAM WAY LANE, CHALAKKUDY P.O THRISSUR 680 307.

2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL), MUKUNDAPURAM, IRINJALAKUDA THRISSUR DISTRICT, 680 121.

3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR 680 001.

R,R1 BY ADV. SRI.SREEPRAKASH K.NAIR R2,R3 BY ADV. GOVERNMENT PLEADER R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) NO.27709 OF 2011 PETITIONER'S EXTS:

EXT.P1 A TRUE PHOTO COPY OF THE APPLICATION DATED 20/8/2011 EXT.P2 A TRUE COPY OF THE COMMUNICATION DATED 28/8/2011 EXT.P3 A TRUE PHOTO COPY OF THE APPLICATION SUBMITTED BY THE FIRST RESPONDENT BEFORE THE SECOND RESPONDENT DATED 22/8/2011 EXT.P4 A TRUE PHOTO COPY OF THE COMMUNICATION DATED 26/8/2011 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P5 A PHOTO COPY OF THE APPLICATION DATED 20.8.2011 SUBMITTED BY THE FIRST RESPONDENT BEFORE THE THIRD RESPONDENT. EXT.P6 A PHOTO COPY OF THE SAID COMMUNICATION DATED 3/9/2011 ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT. EXT.P7 A PHOTO COPY OF THE FIRST RESPONDENT FILED AN APPEAL AS PROVIDED UNDER THE RIGHT TO INFORMATION ACT BEFORE THE SECOND RESPONDENT ON 28/9/2011 EXT.P8 A PHOTO COPY OF THE COMMUNICATION DATED 30/9/2011 ISSUED FROM THE SECOND RESPONDENT.

EXT.P9 A PHOTO COPY OF THE CIRCULAR NO.40/2006 ISSUED BY THE REGISTRAR OF CO-OP. SOCIETIES, TRIVANDRUM.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.27709 of 2011 --------------------- Dated this the 3rd day of March, 2015

J U D G M E N T

The Co-operative Society is outside the purview of the Right to Information Act, 2005. It has been so held in Thalappalam Service Co-operative Bank Ltd. v. State of Kerala [2013 (4) KLT 232 (SC)]. Respondents 2 and 3 cannot therefore compel the petitioner Bank to answer the queries under the Right to Information Act.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.