The petitioner is a registered Co-operative Society under the Kerala Co-operative Societies Act, 1969 and the rules thereunder. The contention of the petitioner is that, it is not a 'public authority' as defined by Section 2(h) of the Right to Information Act, 2005. Therefore, the direction issued by the second respondent in Ext.P6 is unsustainable and liable to be set aside. As per Ext.P6, the petitioner has been directed to appoint a State Public Information Officer in accordance with provisions of the Right to Information Act and to finally dispose of the appeal filed by the first respondent.
2. The counsel for the second respondent has brought into my notice with decision of the Honourable Supreme Court in Thalappalam Service Co-operative Bank Ltd v. State of Kerala and others [2013 (4) KLT 232]. In view of the above decision, it has to be held that Ext.P6 is only to be set aside. This
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is for the reason that, the Honourable Supreme Court has held that the petitioner does not come within the definition of 'public authority' under Section 2(h) of the Right to Information Act.
In view of the above, this writ petition is allowed, Ext.P6 is set aside. The above judgment shall be without prejudice to the other rights, if any, available to the first respondent.
SD/-
K. SURENDRA MOHAN, JV JUDGE