Madras High Court
Endiyur Primary Agricultural ... vs The Deputy Registrar Of ... on 21 January, 2022
WP No.35963 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21-01-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.35963 of 2015
And
MP Nos.1 and 2 of 2015
Endiyur Primary Agricultural Cooperative
Credit Society, Represented by its President,
V.Lakshmi, W/o.Vinayagam,
Nedu Street,
Endiyur Village and Post,
Tindivanam Taluk,
Villupuram District. .. Petitioner
vs.
1.The Deputy Registrar of Cooperative Societies/
Public Information Officer,
Tindivanam Circle,
Tindivanam,
Villupuram District.
2.V.Ganesan .. 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
relating to the impugned order passed by the first respondent in his
proceedings Na.Ka.No.1260/2015 Tho.Vae.Sa(3), dated 11.08.2015 and
1/6
https://www.mhc.tn.gov.in/judis
WP No.35963 of 2015
quash the same.
For Petitioner : Ms.R.Hemalatha for
Mr.C.Prakasam
For Respondent-1 : Mr.K.Surendran,
Government Advocate.
For Respondent-2 : Mr.S.Sathya Raj
ORDER
The relief sought for in the present writ petition is to forbear the
first respondent from insisting the petitioner to furnish the informations to
the second respondent.
2. The petitioner is a Primary Agricultural Co-operative Credit
Society, registered under the provisions of the Tamil Nadu Co-operative
Societies Act, 1983.
3. The learned counsel for the petitioner states that as per the
judgment rendered by the High Court of Kerala, the Co-operative Societies
are not amenable to the Right to Information Act and therefore, the
https://www.mhc.tn.gov.in/judis
WP No.35963 of 2015
informations need not be provided as per the request made by the second
respondent in the present case. In fact, the Joint Registrar of Cooperative
Societies has addressed a letter to the Additional Registrar wherein, it is
categorically stated that the said judgment of the Kerala High Court is not
with reference to the provisions of the Tamil Nadu Cooperative Societies
Act, 1983, and therefore, it cannot be complied and as per the judgment of
the Hon'ble Supreme Court of India, the Cooperative Societies are also
performing the public duties and implementing the Government Schemes
and therefore, they are amenable to the Right to Information Act and thus,
the second respondent is entitled to get information as per the provisions of
the Right to Information Act.
4. This being the position, the petitioner has to provide
information under the provisions of the Act, in respect of the application
submitted by the second respondent, in accordance with the time limit and
the procedures contemplated under the Right to Information Act.
5. With the abovesaid observations, the writ petition stands
https://www.mhc.tn.gov.in/judis
WP No.35963 of 2015
dismissed. However, there shall be no order as to costs. Consequently, the
connected miscellaneous petitions are also dismissed.
21-01-2022
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
To
https://www.mhc.tn.gov.in/judis
WP No.35963 of 2015
The Deputy Registrar of Cooperative Societies/
Public Information Officer,
Tindivanam Circle,
Tindivanam,
Villupuram District.
S.M.SUBRAMANIAM, J.
https://www.mhc.tn.gov.in/judis
WP No.35963 of 2015
Svn
WP 35963 of
21-01-2022
https://www.mhc.tn.gov.in/judis
