Madras High Court
A952 vs The Tamil Nadu Information ... on 1 October, 2021
W.P(MD)No.17668 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.17668 of 2021
and
W.M.P(MD).Nos.14587 & 14589 of 2021
A952, I Muthunayakenpatti Primary Agricultural
Cooperative Credit Society,
Represented by its Secretary,
C.Ayyadurai. ... Petitioner
Vs.
1.The Tamil Nadu Information Commission,
Represented by its Commissioner,
No.2, Theagaraya Salai,
Near Aalai Amman Koil,
Teynampet,
Chennai-600018.
2.The Joint Registrar of Cooperative Societies,
The Appellate Authority,
Collectorate Campus,
Dindigul,
Dindigul District-624004.
3.C.Ramasamy ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order in Order No.SA.8323/A/2021 dated
03.09.2021 on the file of the Respondent No.1 and quash the same as illegal
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1/6
W.P(MD)No.17668 of 2021
and consequently direct the respondent No.1 to drop the further proceedings
against the A952, I Muthunayakenpatti Primary Agricultural Cooperative Credit
Society.
For Petitioner : Mr.T.Lajapathi Roy
For R-1 : Mr.K.K.Senthil
For R-2 : Mr.K.S.Selva Ganesan,
Counsel for State.
ORDER
The petitioner assails a communication dated 03.09.2021, which
was issued by the first respondent.
2. The petitioner states that it is a Co-operative Society under the
Tamil Nadu Co-operative Societies Act, 1983. Consequently, it is stated that
the petitioner is not a public authority in terms of Section 2(h) of the Right to
Information Act, 2005 (RTI Act). A request was made by an individual called
Ramasamy to the Society seeking information under the RTI Act. In response
thereto, the Society informed the Joint Registrar that the individual concerned
is not entitled to such information because the Society is not a public authority
under the RTI Act. Subsequently, the matter was carried in appeal to the first
respondent. The communication dated 03.09.2021 was issued in such regard by
the first respondent to the second respondent. The petitioner assails such
communication.
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W.P(MD)No.17668 of 2021
3. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts
notice on behalf of the second respondent and Mr.K.K.Senthil, learned
Standing Counsel, accepts notice for the first respondent. Mr.K.K.Senthil
points out that the Writ Petition is not maintainable inasmuch as the impugned
communication was not addressed to the petitioner. In addition, he submits that
the official respondents are entitled to call for information from registered
societies under the Tamil Nadu Co-operative Societies Act, 1983. On this
issue, he relies upon paragraph 67 of the judgment of the Hon'ble Supreme
Court in Thalappalam Service Co-operative Bank Limited Vs. State of Kerala
(2013 (16) SCC 82). He also relies upon a recent judgment of the Division
Bench of the Bombay High Court in Rajeshwar Majoor Kamgar Sahakari
Sanstha Limited Vs. the State Information Commissioner and others (2021
SCC Online Bombay 2459).
4. Upon examining the impugned communication, as contended by
learned counsel for the first respondent, such communication is not addressed
to the petitioner. As held in the judgment reported in 2013 (16) SCC 82, the
authorities exercising supervisory power under the Tamil Nadu Co-operative
Societies Act undoubtedly qualify as public authority under Section 2(h) of the
RTI Act. Therefore, a person seeking information, which is available with such
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public authority, may seek such information from such authority. In addition,
W.P(MD)No.17668 of 2021
such authorities are empowered to call for information from registered societies
albeit in accordance with the provisions of the Tamil Nadu Cooperative
Societies Act, 1983.
5. Although the petitioner contends that it is not a public authority
under Section 2(h) of the RTI Act, it is not necessary to enter definitive findings
on such issue for purposes of disposing of this case. As indicated above, the
impugned communication is not addressed to the petitioner. As such, the
petitioner has failed to make out a case to quash the impugned communication.
Needless to say, the official respondents should only call for information from
the petitioner in accordance with law.
6. Subject to the above observations, W.P.(MD).No.17668 of 2021
is disposed of without any order as to costs. Consequently, W.M.P.(MD).
Nos.14587 & 14589 of 2021 stand closed.
01.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/LM
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17668 of 2021
To
1.The Commissioner,
Tamil Nadu Information Commission,
No.2 Theagaraya Salai,
Near Aalai Amman Koil,
Teynampet,
Chennai-600018.
2.The Joint Registrar of Cooperative Societies,
The Appellate Authority,
Collectorate Campus,
Dindigul,
Dindigul District-624004.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17668 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/LM
W.P(MD)No.17668 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
