Madras High Court
I.I 92 vs The Additional Registrar Of on 15 November, 2021
WP No.33282 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15-11-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.33282 of 2016
And
WMP No.28753 and 28754 of 2016
I.I 92, Thirunavalur Farmers Service,
Cooperative Society,
Represented by its Secretary,
Thirunavalur Post,
Ulunderpet Taluk,
Villupuram District. .. Petitioner
vs.
1.The Additional Registrar of
Cooperative Societies (ICDP),
No.170, N.V.N.Maligai,
Kilpauk,
Chennai – 10.
2.The Public Information Officer/
Personal Assistant (General) to
The District Collector,
Dharmapuri District.
3.T.Senthilkumar .. Respondents
1/8
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WP No.33282 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 first respondent in Rc.No.66860/2013/AR1, dated 06.09.2013,
Rc.No.66860/2013/AR1, dated 23.10.2013 and subsequent letter issued by
the second respondent in O.Mu.Si.Pa.732/2016 (Pa3) dated 24.08.2016
directing the petitioner to provide information required by the third
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 and 2 : Mr.C.Selvaraj,
Additional Government Pleader.
For Respondent-3 : Mr.P.Muthukumar
ORDER
This Writ Petition has been filed seeking to quash the order of the
first respondent in Rc.No.66860/2013/AR1, dated 06.09.2013,
Rc.No.66860/2013/AR1, dated 23.10.2013 and subsequent letter issued by
the second respondent in O.Mu.Si.Pa.732/2016 (Pa3) dated 24.08.2016,
directing to issue copies required by the third respondent, holding that the
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WP No.33282 of 2016
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 24.08.2014,
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
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WP No.33282 of 2016
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
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,
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WP No.33282 of 2016
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:
“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
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WP No.33282 of 2016
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 first respondent in Rc.No.
66860/2013/AR1, dated 06.09.2013, Rc.No.66860/2013/AR1, dated
23.10.2013 and subsequent letter issued by the second respondent in
O.Mu.Si.Pa.732/2016 (Pa3) dated 24.08.2016. 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 petitions are closed.
15-11-2021
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
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WP No.33282 of 2016
To
1.The Additional Registrar of
Cooperative Societies (ICDP),
No.170, N.V.N.Maligai,
Kilpauk,
Chennai – 10.
2.The Public Information Officer/
Personal Assistant (General) to
The District Collector,
Dharmapuri District.
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WP No.33282 of 2016
S.M.SUBRAMANIAM, J.
Svn
WP 33282 of 2016
15-11-2021
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