Madras High Court

S.1314 vs The Registrar Of Cooperative ... on 15 November, 2021

                                                                           WP No.18822 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 15-11-2021

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                               WP No.18822 of 2014
                                                      And
                                                MP No.2 of 2014


                     S.1314, Periyasolipalayam Primary Agricultural
                     Cooperative Credit Society Ltd., Represented
                     by its Secretary, Periyasolipalayam Post,
                     Paramathi Velur Taluk,
                     Namakkal District.                        ..     Petitioner


                                                         vs.


                     1.The Registrar of Cooperative Societies,
                       No.170, N.V.N.Maligai,
                       Kilpauk,
                       Chennai – 10.

                     2.The Additional Registrar of Cooperatives (ICDP),
                       O/o.The Registrar of Cooperative Societies,
                       No.170, N.V.N.Maligai,
                       Kilpauk,
                       Chennai – 10.




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https://www.mhc.tn.gov.in/judis
                                                                                WP No.18822 of 2014

                     3.The Deputy Registrar of Cooperative Societies,
                       Tiruchengode Circle,
                       Tiruchengode,
                       Namakkal District.

                     4.K.S.Vivekanandan                      ..          Respondents

                                  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 first respondent in Rc.No.149476/2005 AR, dated 25.11.2005,
                     consequential revised orders passed by the second respondent in Rc.No.
                     66860/2013/AR1,        dated    06.09.2013,    Rc.No.66860/2013/AR1,      dated
                     23.10.2013, the revised order passed by the third respondent in
                     Na.Ka.No.2631/2013 Pa.Tho dated 12.11.2013 and the subsequent letter
                     issued by the third respondent in Na.Ka.No.4366/2013 Sa.Pa dated
                     04.04.2014, directing to furnish the information to the fourth respondent
                     quash them holding that the petitioner 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 to 3          : Mr.C.Selvaraj,
                                                                    Additional Government Pleader.

                                  For Respondent-4                : Mr.S.Elankumaran




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                                                                                  WP No.18822 of 2014


                                                          ORDER

This Writ Petition has been filed seeking to quash the order of the

first respondent in Rc.No.149476/2005 AR, dated 25.11.2005,

consequential revised orders passed by the second respondent in Rc.No.

66860/2013/AR1, dated 06.09.2013, Rc.No.66860/2013/AR1, dated

23.10.2013, the revised order passed by the third respondent in

Na.Ka.No.2631/2013 Pa.Tho dated 12.11.2013 and the subsequent letter

issued by the third respondent in Na.Ka.No.4366/2013 Sa.Pa dated

04.04.2014, directing to issue copies required by the fourth respondent,

holding that the petitioner-Co-operative Society registered under the Tamil

Nadu Co-operative Societies Act will not fall within the definition of

"Public Authority" as defined under Section 2(h) of the RTI Act.

2. Learned counsel for the petitioner submitted that the

petitioner is the elected President of the Society. By letter dated 12.11.2013,

the third respondent sought for certain information and documents

regarding appointment of Information Officers in Cooperative Societies.

And the fourth respondent also requested for certain copies of documents. It

https://www.mhc.tn.gov.in/judis WP No.18822 of 2014

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

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

https://www.mhc.tn.gov.in/judis WP No.18822 of 2014

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 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:

https://www.mhc.tn.gov.in/judis WP No.18822 of 2014

“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 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 ffirst respondent in

Rc.No.149476/2005 AR, dated 25.11.2005, consequential revised orders

https://www.mhc.tn.gov.in/judis WP No.18822 of 2014

passed by the second respondent in Rc.No. 66860/2013/AR1, dated

06.09.2013, Rc.No.66860/2013/AR1, dated 23.10.2013, the revised order

passed by the third respondent in Na.Ka.No.2631/2013 Pa.Tho dated

12.11.2013 and the subsequent letter issued by the third respondent in

Na.Ka.No.4366/2013 Sa.Pa dated 04.04.2014. 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.