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2017 Supreme(Ker) 120

THRISSUR DISTRICT CO-OP. BANK – Appellant
Versus
STATE INFORMATION COMMISSION, REPRESENTED BY ITS SECRETARY – Respondent


Advocates Appeared:
FOR THE PETITIONER: SRI. GEORGE POONTHOTTAM
FOR THE RESPONDENTS: SRI. M. AJAY, SC, STATE INFORMATION COMMN., SRI. A.G. UNNIKRISHNAN

JUDGMENT :

Exhaustive as the judgment of the Apex Court in Thalappalam Service Cooperative Bank Limited v. State of Kerala (2013)16 SCC 82 is, the jurisdictional limit of the Right to Information Act ("the Act") vis-a-vis a private entity has, yet again, fallen for consideration. Given the Apex Court's definitive pronouncement, the State Information Commission (‘the Commission’), the respondent, seems to have given up its claim that a co-operative society is a public authority. Instead, it now claims that an applicant can have information from a co-operative society through a public authority who can access it under any other law as has been defined under Section 2 (f) of the Act.

2. In this rash of writ petitions, the party-respondents, in one group, as applicants, have straightaway applied to the co-operative societies concerned seeking certain information; in the other group, the applicants have applied to the departmental authorities; that is, the Co-operative Department, for information on the premise that the said authorities could summon the records and provide information to them.

3. Leaving aside the minor factual discrepancies, I reckon the core issue in all the writ petitio
















































































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