P.R. Ramachandran v. State Chief Information Commissioner and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 8[TH] DAY OF APRIL 2024 / 19TH CHAITHRA, 1946** **WP(C) NO. 37938 OF 2023** ## **PETITIONER:** **P.R.RAMACHANDRAN, AGED 64 YEARS S/O P.K. RAMAN NAIR,729/20, PUKKATTU HOUSE, MUPPATHADAM P O,ALUVA, PIN – 683110** ## **BY P.R.RAMACHANDRAN(Party-In-Person)** ## **RESPONDENTS:** - **1 THE STATE CHIEF INFORMATION COMMISSIONER, TC-14, 2071, PUNNEN ROAD, THIRUVANATHAPURAM, PIN - 695001** - **2 THE JOINT REGISTRAR (GENERAL) , COOPERATIVE SOCIETIES, & FIRST APPEAL AUTHORITY,5TH FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030** - **3 THE ASSISTANT REGISTRAR (GENERAL), COOPERATIVE SOCIETIES & FIRST APPEAL AUTHORITY, NORTH PARAVUR, PIN - 683513** - **4 THE STATE PUBLIC INFORMATION OFFICER & DY.REGISTRAR (ADMIN), COOPERATIVE SOCIETIES, 5TH FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030** - **5 THE STATE PUBLIC INFORMATION OFFICER & OFFICE INSPECTOR, OFFICE OF ASSISTANT REGISTRAR (GENERAL), COOPERATIVE SOCIETIES, NORTH PARAVUR, PIN - 683513** - **6 THE MUPPATHADAM SERVICE COOPERATIVE BANK LTD. NO E-216, MUPPATHADAM P.O, ALUVA, REP BY ITS SECRETARY, NOW SRI. P.H. SABU, PIN - 683110** W.P.(C) No.37938/2023 : 2 : **7 THE REGISTRAR OF CO-OPERATIVE SOCIETIES KERALA, O/O REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHCKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM, PIN – 695014** **BY ADVS. M.AJAY, SC SRI.K.M. FAISAL, GOVERNMENT PLEADER SABU M R P.RAVINDRAN (SR.)(R-341) LAKSHMI RAMADAS(K/390-E/1998) APARNA RAJAN(K/851/2009) SREEDHAR RAVINDRAN(K/559/2012)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.37938/2023 : 3 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` ## W.P.(C) No.37938 of 2023 ````````````````````````````````````````````````````````````` _Dated this the 8[th] day of April, 2024_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ Aggrieved by the denial of certain information relating to the 6[th] respondent-Co-operative Bank under the Right to Information Act, 2005, the petitioner is before this Court. 2. By Ext.P1 application submitted to the 4[th] respondent-State Public Information Officer, the petitioner sought information/document in respect of the construction agreement between the Co-operative Bank and the construction agency along with rate agreed between the parties for all items of work. The petitioner also sought copy of the minutes of the last General Body Meeting of the Bank. The 4[th] respondent gave Ext.P2 reply to the petitioner stating W.P.(C) No.37938/2023 : 4 : that the information sought are not available in his office and the Secretary of the Bank has been required to make available the information. 3. The Secretary of the Co-operative Bank issued a reply to the 4[th] respondent on 15.02.2023 stating that the Bank cannot provide the said information. The petitioner filed Ext.P3 appeal dated 24.02.2023 before the 2[nd] respondent-First Appellate Authority. As Ext.P3 appeal did not yield the desired information, the petitioner filed Ext.P4 second appeal before the 1[st] respondent-State Chief Information Commissioner. 4. The State Chief Information Commissioner found that the information sought for is not available with the office of the 5[th] respondent. The 1[st] respondent further found that the 5[th] respondent can be forced to give only those information which is available with him or which are under his control. 5. The petitioner states that by Ext.P6 judgment dated 03.01.2023 in W.A. No.1485/2022 filed by the W.P.(C) No.37938/2023 : 5 : petitioner, a Division Bench of this Court directed the primary authority to reconsider the application submitted by the appellant in accordance with law. In spite of Ext.P6 judgment, the respondents have not provided the information required by the petitioner. 6. The petitioner states that the Hon’ble Apex Court in _**Thalappalam Service Co-operative Bank Limited and others v. State of Kerala and others** [2013 (4) KLT 232]_ has held that a citizen can have access to information regarding Co-operative Societies through the Registrar of Co-operative Societies who is a public authority within the meaning of the RTI Act. The 5[th] respondent is duty bound to call for the requisite document/information from the Cooperative Bank. 7. The petitioner pointed out that in earlier occasions, the 5[th] respondent had issued copy of the minutes of the General Body Meeting of the Bank held during 2019. The resolutions of the Bank require approval by the Registrar of Co-operative Societies or by such other delegated W.P.(C) No.37938/2023 : 6 : authorities. Therefore, the 5[th] respondent is bound to provide the information to the petitioner also. 8. The petitioner further argued that the State Information Commissioner is a creature of the RTI Act and is expected to act in tune with the Act by upholding the constitutional rights of the citizens of India. Therefore, Ext.P5 order is liable to be quashed. The 1[st] respondent is compellable to rehear the second appeal and to make available to the petitioner the information sought for by the petitioner under the RTI Act. 9. The 6[th] respondent-Co-operative Bank resisted the writ petition filing counter affidavit. The 6[th] respondent submitted that since the documents sought for by the petitioner are not public documents and are not in the possession of the Joint Registrar of Co-operative Societies, the request of the petitioner was rejected. A public authority is obliged to provide information which can be accessed by a public authority under any other law. W.P.(C) No.37938/2023 : 7 : 10. The counsel for the 6[th] respondent further submitted that as per Section 27 of the Kerala Co-operative Societies Act, final authority of a Society shall vest in the General Body of Members. The Society is not owned, controlled or substantially financed by the Government. The Registrar does not have absolute control over the Society and he can exercise his powers only conferred on him as per statute. The writ petition is therefore without any merit and it is liable to be dismissed. 11. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing the 1[st] respondent, the learned Government Pleader representing respondents 2 to 5 and 7 and the learned Standing Counsel appearing for the 6[th] respondent. 12. The petitioner is aggrieved by Ext.P5 order. The petitioner seeks rehearing of the appeal preferred by him. Ext.P1 is the application submitted by the petitioner seeking information/document in respect of the construction agreement between the 6[th] respondent-Co-operative Bank W.P.(C) No.37938/2023 : 8 : and the construction agency. The petitioner also seeks minutes of the last General Body Meeting of the Co-operative Bank. Ext.P1 was submitted on 14.01.2023. 13. The 5[th] respondent sent a reply dated 15.02.2023 to the petitioner informing that the information sought for by the petitioner are not available with the 5[th] respondent and a letter dated 04.02.2023 has been sent to the Secretary of the Co-operative Bank to make available the information sought for by the petitioner. 14. The Bank submitted a reply dated 15.02.2023 informing that this Court in W.A. No.1485/2022 has not directed the Bank to provide information to the petitioner. The Bank informed the 5[th] respondent that the direction of the 5[th] respondent cannot be legally complied with. 15. The petitioner thereupon filed a first appeal before the 2[nd] respondent-Joint Registrar (General). Thereafter, the petitioner filed Ext.P4 second appeal before the 1[st] respondent. The 1[st] respondent considered the appeal. The 1[st] respondent found that the information sought for by the W.P.(C) No.37938/2023 : 9 : petitioner are not available in the office of the 5[th] respondent. The 1[st] respondent found that the 5[th] respondent has taken earnest efforts to make available the information. The 5[th] respondent is duty bound to provide only those information which are available in the office. The 1[st] respondent therefore passed Ext.P5 order. 16. The argument of the petitioner is that a Division Bench of this Court in W.A. No.1485/2022 filed by the petitioner against the Bank had held that the Registrar and other officers functioning under the provisions of the Kerala Co-operative Societies Act, 1969 are vested with powers to call for any document from the Co-operative Societies and that they are duty bound to furnish that information. In view of the above, Ext.P5 order of the 1[st] respondent cannot be sustained. 17. It is evident from the pleadings and arguments that on receipt of Ext.P1 application, the 5[th] respondent has addressed a letter dated 04.02.2023 to the Secretary of the 6[th] respondent-Bank seeking to make available the W.P.(C) No.37938/2023 : 10 : information sought for by the petitioner. The 6[th] respondent has declined to provide such information. The 6[th] respondent submitted that in the judgment in W.A. No.1485/2022, the Division Bench of this Court had specifically held that the Bench is not expressing anything on the merits of the matter or legality of the application submitted by the petitioner in view of the inhibitions contained under Section 8(1)(i) and 11 of the Right to Information Act. Furthermore, the said writ appeal does not relate to Ext.P1 application for information. 18. Dissatisfied with the efforts taken by the 5[th] respondent for providing information, the petitioner filed appeal before the 1[st] respondent. The 1[st] respondent noted that the 5[th] respondent has taken efforts to make available the requisite documents by addressing letter dated 04.02.2023 to the 6[th] respondent. 19. It is to be noted that the application of the petitioner was attended to by the 5[th] respondent and the 5[th] respondent directed the 6[th] respondent to make available the information sought. The 6[th] respondent has not provided the W.P.(C) No.37938/2023 : 11 : information. The 6[th] respondent is a Co-operative Bank functioning under the Kerala Co-operative Societies Act. The 6[th] respondent cannot be treated as an institution under the control of the Registrar of Co-operative Societies. 20. Perusing Ext.P5 order of the 1[st] respondent, I do not find any illegality or irregularity in it. Ext.P5 order gives reasons for the conclusions. I find no reason to set aside Ext.P5. The writ petition is therefore dismissed. Sd/- **N. NAGARESH, JUDGE** aks/06.04.2024 W.P.(C) No.37938/2023 : 12 : ## **APPENDIX OF WP(C) 37938/2023** ## **PETITIONER'S EXHIBITS** **Exhibit P1 TRUE PHOTOCOPY OF PETITIONER'S RTI APPLICATION DATED 14/01/2023 ADDRESSED TO RESPONDENT 4 Exhibit P2 TRUE PHOTOCOPY OF STATE PUBLIC INFORMATION OFFICER'S (RESPONDENT 4) LETTER REJECTING THE INFORMATION ALONG WITH LETTER OF RESPONDENT 6 DATED 15/02/2023 Exhibit P3 TRUE PHOTOCOPY OF FIRST APPEAL SUBMITTED TO RESPONDENT 2 DATED 24/02/2023. Exhibit P4 TRUE PHOTOCOPY OF SECOND APPEAL DATED 27/04/2023 ADDRESSED TO RESPONDENT 1. Exhibit P5 TRUE PHOTOCOPY OF ORDER IN AP NO.1148(1)/2023/SIC DATED 14/09/2023 ISSUED BY RESPONDENT 1 .** - **Exhibit P6 TRUE PHOTOCOPY OF JUDGMENT OF WRIT APPEAL NO 1485/2022 OF THIS HON'BLE COURT.** - **Exhibit P7 TRUE PHOTOCOPY OF LETTER NO. CRP(2)/4132 DATED 28/7/2018 ISSUED BY THE 2ND RESPONDENT TO RESPONDENT 6.** - **Exhibit P8 TRUE PHOTOCOPY OF LETTER NO. CRP(2)2381/2021 DATED 18/12/2021 ISSUED BY 2ND RESPONDENT TO 3RD RESPONDENT** - **Exhibit P9 TRUE PHOTOCOPY OF LETTER ISSUED TO 4TH RESPONDENT ALONG WITH COPY OF JUDGMENT IN WA NO.1485/2022 BY THE PETITIONER AS PER THE DIRECTION OF THIS HON'BLE COURT IN THE ABOVE WA.** - **Exhibit P10 TRUE PHOTOCOPY OF THE PETITIONER'S COUNSEL LETTER DATED 18/01/2023 ALONG WITH CERTIFIED COPY OF JUDGMENT IN WRIT APPEAL NO.1485/2022 ADDRESSED TO 5TH RESPONDENT.** - **Exhibit P11 TRUE PHOTOCOPY OF ORDER ISSUED BY THE 4TH RESPONDENT UNDER NO S.T 509/2023 DATED 22/03/2023.** W.P.(C) No.37938/2023 : 13 : **Exhibit P12 TRUE PHOTOCOPY OF RESOLUTION ISSUED BY 6TH RESPONDENT** **Exhibit P13 TRUE PHOTOCOPY OF 1ST APPEAL DATED 03/04/2023 SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT** **Exhibit P14 TRUE PHOTOCOPY OF ORDER NO 32/23/01 DATED 10/03/2023 ISSUED BY THE 5TH RESPONDENT Exhibit P15 TRUE PHOTOCOPY OF 1ST APPEAL DATED 03/04/2023 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT. Exhibit P16 TRUE PHOTOCOPY OF THE ORDER NO 263/23/OI DATED 08/05/2023 PASSED BY THE 3RD RESPONDENT. Exhibit P17 TRUE PHOTOCOPY OF 2ND APPEAL DATED 21/07/2023 SUBMITTED TO 1ST RESPONDENT BY THE PETITIONER. Exhibit P18 TRUE PHOTOCOPY OF 2ND APPEAL DATED 22/07/2023 SUBMITTED TO 1ST RESPONDENT BY THE PETITIONER. Exhibit P19 TRUE PHOTOCOPY OF POSTAL ACKNOWLEDGMENT FOR PROOF OF RECEIPT APPEAL BY 1ST RESPONDENT. Exhibit P20 TRUE PHOTOCOPY OF POSTAL ACKNOWLEDGMENT FOR PROOF OF RECEIPT APPEAL BY 1ST RESPONDENT.** **RESPONDENT'S EXHIBITS Exhibit-R6(a) True copy of the order issued by the Government dated 19.08.2019 No. 502/2019/Co.op** **Exhibit-R6(b) True copy of the order issued by the Registrar dated 30.11.2019 No.C.P.(2) 416/2019/K.Dis Exhibit-R6(c) True copy of the order issued by the Government dated 17.06.2013 No. 386/2013/Co.op**