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2012 Supreme(Ker) 311

B.P.RAY, P.N.RAVINDRAN, C.N.RAMACHANDRAN NAIR
Mulloor Rural Co-Operative Society Ltd. Rep. By Its Secretary – Appellant
Versus
State Of Kerala, Rep. By The Chief Secretary To Government, Secretariat – Respondent


Advocates Appeared:
For the Petitioners:K.B. Pradeep, Advocate.
For the Respondents: R1 - D.Somasundaram, Sr. G.P., R2 -M. Ajay, Sc, State Information Commn.

Judgment :-

Ramachandran Nair, J.

1. This Writ Appeal is filed against judgment of the learned Single Judge holding that a Co-operative Society registered under the Kerala Co-operative Societies Act (hereinafter called "the KCS Act") answers the definition of "public authority" as defined under Section 2(h) of the Right to Information Act, 2005 (hereinafter called "the RTI Act") and hence the Registrar of Co-operative Societies was within his powers in issuing the order impugned in the Writ Petition directing all societies to constitute authorities under the RTI Act for furnishing information sought about societies. When the Writ Appeal filed by the appellant- society against the judgment of the learned Single Judge came up before the Division Bench of two of us(CNR & BPR (JJ)), we were referred to another Division Bench decision of this court in THALAPPALAM SERVICE COOPERATIVE BANK LTD. Vs. UNION OF INDIA AND OTHERS reported in 2009(3) KHC 901 wherein that Bench took the view that a society would become a "public authority" within the meaning of Section 2(h) of the RTI Act only if such society is "substantially financed by the Government". However, after going through the said judg













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