Madras High Court
The Bharathiyar Weaver' Co-Op vs The Textile Control ... on 6 July, 2022
W.P.No. 29936 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2022
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.No.29936 of 2014
and
M.P. No.2 of 2014
The Bharathiyar Weaver' Co-op.
Production and Sales Society Ltd., E.H.20
Rep. by its President,
R. Thangavel, S/o. Ramasamy Gounder
Ulagapuram, Gnanipalayam Post,
Vellor Via, Perundurai Taluk, Erode District ... Petitioner
Vs.
1. The Textile Control Officer/Public Information Officer
O/o. Assistant Director of Handloom & Textiles
426, Bhavani Main Road, Ashokapuram
Erode District.
2. R. Periyasamy
3. Subramani
4. Devaraj ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of certiorari calling for the entire records relating to
the impugned order passed by the 1st respondent vide his office proceedings
Na.Ka.14942/2014/G, dated 14.10.2024 and quash the same.
For Petitioner : Mr.I.C. Vasudevan
1/6
https://www.mhc.tn.gov.in/judis
W.P.No. 29936 of 2014
For R1 : Mr. U. Baranidharan
Additional Government Pleader
ORDER
The subject matter of challenge in this Writ Petition pertains to the
impugned order passed by the 1st respondent, dated 14.10.2014, wherein a
direction was issued to the Society to furnish the information sought for by
the respondents 2 to 4.
2. Heard Mr. I.C. Vasudevan, learned counsel appearing on behalf of
the petitioner, and Mr. U. Baranidharan, learned Additional Government
Pleader appearing on behalf of the 1st respondent.
3. The main issue that is involved in this Writ Petition is as to
whether the society will fall within the ambit of a public authority under
Section 2(h) of the Right to Information Act. This issue is no longer res
integra and it is squarely covered by the order of this Court in W.P.No.1230
of 2013 dated 22.06.2022. The relevant portion in that order is extracted
here under:
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W.P.No. 29936 of 2014
"3.The issue involved in the present writ petition has
been substantially discussed by the learned Single Judge of
this Court in W.P.No.11444 of 2011 through an order dated
02.12.2020, wherein, the learned Single Judge took into
consideration the Judgment of the Hon-ble Supreme Court in
Thalappalam Service Cooperative Bank Ltd., and Others vs.
State of Kerala and others reported in 2013 (16) SCC 82 and
also the Division Bench Judgment of this Court in
W.A.Nos.2425 to 2428 and 2500 of 2013, dated 29.04.2015
and it was held as follows:
15. On perusal of the aforesaid judgments they
have made it abundantly clear that, the Co~operative
Society established by the provisions of the concerned
Co~operative Societies Act, unless it is established that,
a particular Society is substantially financed directly or
indirectly by an appropriate Government, it cannot be
brought under the provisions of the Right to Information
Act, in other words, it is not amenable to the said Act. In
this Context, merely because, the Cooperative Society is
administered by the Special Officer, that would also not
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W.P.No. 29936 of 2014
alter the situation. It has also been held that, as to
whether the particular Society is substantially financed
by an appropriate Government is to be established only
by the Information Seeker, as the burden of proof to
come such conclusion that, it has been substantially
financed, only rest with the Information Seeker and not
on the Society, from whom such information is sought
for. Therefore, in view of the aforesaid legal proposition
as has been envisaged by the Honble Supreme Court in
Thalappalam case followed by the Division Bench
judgment cited supra of this Court, the point raised by
the learned counsel appearing for the petitioner and in
fact supported, by way of assistance to the Court made
by the learned Standing Counsel for the first respondent,
can very well be accepted.
16. In view of the settled legal position, that the
Co~operative Society would not be amenable to the
provisions of the Right to Information Act, the
information sought for by the third respondent need not
given by the second respondent / Society. Therefore,
consequently such a direction ought not have been made
by the first respondent / Information Commission
through the impugned order dated 31.03.2011.
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W.P.No. 29936 of 2014
Therefore, this Court feels that, the impugned order
cannot be sustained, and it is liable to be interfered with.
4.It is clear from the above that unless and otherwise it
is clearly established that a Cooperative Society is
substantially financed directly or indirectly by an appropriate
Government, it cannot fall within the purview of Section 2(h)
of the Right to Information Act.
5.In the present case, the 2nd respondent Society is run
by its members and just because it is administered by a Special
Officer, that by itself does not raise a presumption that the
Society is substantially financed by the Government."
4. In view of the above, this Writ Petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
06.07.2022
Internet : Yes / No
Index: Yes / No
Speaking order / Non speaking order
Bga
https://www.mhc.tn.gov.in/judis
W.P.No. 29936 of 2014
N. ANAND VENKATESH, J.
bga
To
1. The Textile Control Officer/Public Information Officer
O/o. Assistant Director of Handloom & Textiles
426, Bhavani Main Road, Ashokapuram
Erode District.
W.P.No.29936 of 2014
and
M.P. No.2 of 2014
06.07.2022
https://www.mhc.tn.gov.in/judis
