Madras High Court
E.D1175 Erumasamuthiram Milk vs The Commissioner For Milk ... on 15 November, 2021
WP No.31373 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15-11-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.31373 of 2016
And
WMP No.27227 of 2016
E.D1175 Erumasamuthiram Milk
Producers Cooperative Society Ltd.,
Represented by its Secretary,
Pethanaikenpalayam Post and Taluk,
Salem District – 636 109. .. Petitioner
vs.
1.The Commissioner for Milk Production and
Dairy Development,
Madavaram Milk Colony,
Chennai – 51.
2.The Public Information Officer /
Deputy Registrar of Cooperative Societies (Dairy),
Nachiappa Hall,
Nattammai Kalaga Katida Valagam,
Salem – 1.
3.P.Jayakumar .. Respondents
1/8
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WP No.31373 of 2016
Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Certiorari, calling for the records
of the second respondent in his letter in Na.Ka.978/2016/E dated
27.07.2016, directing the petitioner to forward the information sought by
the third respondent quash the same holding that the petitioner Milk
Producer Cooperative Society registered under the Tamil Nadu Cooperative
Societies Act will not fall within the definition of “Public Authority” as
defined under Section 2(h) of the RTI Act.
For Petitioner : Mr.M.S.Palaniswamy
For Respondents-1 and 2 : Mr.C.Selvaraj,
Additional Government Pleader.
For Respondent-3 : Mr.A.Thiyagarajan
ORDER
This Writ Petition has been filed seeking to quash the order of the
second respondent in his letter in Na.Ka.978/2016/E dated 27.07.2016,
directing the petitioner to forward the information sought by the third
respondent, holding that the petitioner Milk Producer Cooperative Society
registered under the Tamil Nadu Cooperative Societies Act will not fall
within the definition of “Public Authority” as defined under Section 2(h) of
the RTI Act.
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WP No.31373 of 2016
2. Learned counsel for the petitioner submitted that the
petitioner is the elected President of the Society. By letter dated 27.07.2016,
the second respondent sought for certain information and documents
regarding appointment of Information Officers in Cooperative Societies.
And the third respondent also requested for certain copies of documents. It
is further submitted that the Final Authority rests with General Body of its
members and not with the Registrar of Co-operative Societies or State
Government. According to the petitioner, the Cooperative Society is not a
body, which is controlled by the Government and hence does not fall within
the definition of Section 2(h) of the Rights to Information Act. In view of
the above legal position, this writ petition is filed to set aside the letters of
the respondents seeking information and documents.
3. When the matter was taken up for final disposal, learned
counsel appearing for both the parties submitted that the relief prayed for, in
the present writ petition is squarely covered by the decision of the Hon'ble
Supreme Court in the case of Thalappalam Service Cooperative Bank
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WP No.31373 of 2016
Ltd and Others vs. State of Kerala and Others [2013 (6) CTC 98 (SC)]
and the judgement of the Division Bench of this Court in the case of Public
Information Officer vs. The Registrar, Tamil Nadu Information
Commission [2015 (4) CTC 105].
4. In paragraph 54 of the judgment in the case of Thalappalam
Services Cooperative Bank Ltd and Others Vs. State of Kerala and
Others [(2013) 7 MLJ 407 (SC)], the Hon'ble Supreme Court has held as
follows:
"We, therefore, hold that the Cooperative
Societies registered under the Kerala Co-
operative Societies Act will not fall within the
definition of public authority as defined under
Section 2(h) of the RTI Act and the State
Government letter dated 05.05.2006 and the
circular dated 01.06.2006 issued by the Registrar
of Co-operative Societies, Kerala, to the extent,
made applicable to societies registered under the
Kerala Co-operative Societies Act would stand
quashed in the absence of materials to show that
they are owned, controlled or substantially
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WP No.31373 of 2016
financed by the appropriate Government. Appeals
are, therefore, allowed as above, however, with no
order as to costs."
In Paragraph 9 of the decision in The Public Information Officer Vs. The
Registrar, Tamilnadu Information Commission and Others etc. [2015
(4) CTC 105], the Hon'ble Division Bench of this Court has held as
follows:
“9. In the light of the above, we have no
hesitation to hold that the legal issue arising in
these Appeals are squarely covered by the
decision of the Hon'ble Supreme Court in the
case of Thalappalam Ser. Coop. Bank Ltd. And
others Vs. State of Kerala and others, 2013 (6)
CTC 98 (SC). The distinction sought to be drawn
by the learned counsel for the respondent stating
that the provisions of the RTI Act would be
applicable to cases where the Government
Officers are appointed to function as Special
Officers of the society, when there is no elected
Board of Directors, could hardly make any
difference in the light of the recent
pronouncement of the Hon'ble Supreme Court.
The learned Counsel appearing for the
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WP No.31373 of 2016
Appellants submitted that for all the societies,
elections were conducted and the societies are
managed by the elected members.”
5. In view of the aforesaid decisions, I have no hesitation to
quash the proceedings passed by the second respondent in his letter in
Na.Ka.978/2016/E dated 27.07.2016. Hence, the impugned order is quashed
and the writ petition is allowed. However, there shall be no order as to costs.
Consequently, the connected miscellaneous petition is closed.
15-11-2021
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
https://www.mhc.tn.gov.in/judis
WP No.31373 of 2016
To
1.The Commissioner for Milk Production and
Dairy Development,
Madavaram Milk Colony,
Chennai – 51.
2.The Public Information Officer /
Deputy Registrar of Cooperative Societies (Dairy),
Nachiappa Hall,
Nattammai Kalaga Katida Valagam,
Salem – 1.
https://www.mhc.tn.gov.in/judis
WP No.31373 of 2016
S.M.SUBRAMANIAM, J.
Svn
WP 31373 of 2016
15-11-2021
https://www.mhc.tn.gov.in/judis
