Madras High Court
Kk.159 vs The Registrar Of Cooperative ... on 15 November, 2021
WP No.18682 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15-11-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.18682 of 2014
And
MP No.2 of 2014
KK.159, Chekkarapatty Primary
Agricultural Cooperative Credit Society Ltd.,
Represented by its Secretary,
A.Sekkarapatti, Adhagapadi Post,
Dharmapuri 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.
1/8
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WP No.18682 of 2014
3.The Deputy Registrar / Public Information Officer,
O/o.Joint Registrar of Cooperative Societies,
Dharmapuri Region,
Dharmapuri District.
4.R.Govindarajan .. 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 and subsequent letter issued by the third respondent in Na.Ka.
No.150/2011 Tho.Sa (1) dated 21.02.2011 signed on 10.03.2014, 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.Ma.Pa.Thangavel
ORDER
This Writ Petition has been filed seeking to quash the order of the
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WP No.18682 of 2014
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 and subsequent letter issued by the third respondent in Na.Ka.
No.150/2011 Tho.Sa (1) dated 21.02.2011 signed on 10.03.2014, 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 21.02.2011
signed on 10.03.2014, 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 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
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WP No.18682 of 2014
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
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
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WP No.18682 of 2014
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:
“9. In the light of the above, we have no
hesitation to hold that the legal issue arising in
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WP No.18682 of 2014
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 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/
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WP No.18682 of 2014
2013/AR1, dated 23.10.2013 and subsequent letter issued by the third
respondent in Na.Ka. No.150/2011 Tho.Sa (1) dated 21.02.2011 signed on
10.03.2014. 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.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
To
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.
3.The Deputy Registrar / Public Information Officer,
O/o.Joint Registrar of Cooperative Societies,
Dharmapuri Region,
Dharmapuri District.
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WP No.18682 of 2014
S.M.SUBRAMANIAM, J.
Svn
WP 18682 of 2014
15-11-2021
https://www.mhc.tn.gov.in/judis
