Madras High Court
A.A.188 vs The Joint Registrar Of Coop. ... on 17 April, 2023
W.P.Nos.12647 & 9357 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2023
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.Nos.12647 & 9357 of 2014 and
M.P.No.2 of 2014
[W.P.No.12647 of 2014]
A.A.188, Perundurai R.S.Primary
Agricultural Coop. Credit Society Ltd.
Rep. by its Secretary G.K.Subashchandran
S/o. T.Karuppannasamy Gounder
Perundurai R.S. & Post
Perundurai Taluk, Erode District. .. Petitioner
vs
1. The Joint Registrar of Coop. Societies
(Statutory & Training) / Public Information Officer
O/o.Registrar of Coop. Societies
No.170, E.V.R.Periyar High Road
Kilpauk, Chennai – 10.
2. K.K.Subramaniyam .. Respondents
[W.P.No.9357 of 2014]
KK.159, Chekkarapatty Primary
Agricultural Co-operative Credit Society Ltd.
Rep. by its President A.Sekkarapatti
Adhangapadi Post, Dharmapuri District. .. Petitioner
vs
1. The Registrar of Cooperative Societies
No.170, N.V.M Maligai
Kilpauk, Chennai – 10.
https://www.mhc.tn.gov.in/judis
W.P.Nos.12647 & 9357 of 2014
2. The Additional Registrar of Co-operatives (ICDP)
O/o The Registrar of Co-operative Societies
No.170, N.V.N.Maligai
Kilpauk, Chennai – 10.
3. The Deputy Registrar / Public
Information Officer
O/o Joint Registrar of Co-operative Societies
Dharmapuri Region, Dharmapuri District.
4. R.Govindarajan .. Respondents
Prayer in W.P.No.12647 of 2014: Writ Petition filed under Article 226 of
the Constitution of India for issuance of a Writ of Certiorari, calling for
the entire records relating to the impugned order passed by the first
respondent in her proceedings Na.Ka.95879/2013 Ni.A1, dated
18.01.2014 and quash the same insofar as the petitioner is concerned;
Prayer in W.P.No.9357 of 2014: Writ Petition filed under Article 226 of
the Constitution of India for issuance of a Writ of Certiorari, calling for
the records of the first respondent in Rc.No.149476/2005AR, dated
25.11.2005, consequential revised orders passed by the respondent in
Rc.No.66860/2013 AR1, dated 06.09.2013, the third respondent in
Na.Ka.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 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.
https://www.mhc.tn.gov.in/judis
W.P.Nos.12647 & 9357 of 2014
For Petitioner in
W.P.No.12647 of 2014 : Mr.C.Prakasam
For Petitioner in
W.P.No.9357 of 2014 : Mr.M.S.Palanisamy
For Respondents in : Mr.C.Ravichandran
W.P.No.12647 of 2014 Additional Government Pleader
for R1
Mr.V.Kathirvelu
for R2
For Respondents in : Mr.C.Ravichandran
W.P.No.9357 of 2014 Additional Government Pleader
for R1 to R3
Mr.P.Thangavelu
for R4
COMMON ORDER
These Writ Petitions are filed seeking to quash the order of the
first respondent in W.P.No.12647 of 2014 in the proceedings
Na.Ka.95879/2013 Ni.A1, dated 18.01.2014 and the first respondent in
W.P.No.9357 of 2014 in Rc.No.149476/2005AR, dated 25.11.2005,
consequential revised order passed by the respondent in
Rc.No.66860/2013 AR1, dated 06.09.2013, the third respondent in
Na.Ka.150/2011 Tho.Sa(1) dated 21.02.2011, signed on 10.03.2014,
directing to furnish the information to the fourth respondent, by holding
that the Cooperative Societies registered under the Tamil Nadu
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W.P.Nos.12647 & 9357 of 2014
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 petitioners submitted that the
petitioners are the elected President / Secretary of the respective Societies.
By letters dated 18.01.2014 and 21.02.2011 signed on 10.03.2014, the
second respondent in W.P.No.12647 of 2014 and the third respondent in
W.P.No.9357 of 2014 sought for certain information and documents
regarding appointment of Information Officers in the Cooperative
Societies. It is further submitted that the Final Authority rests with General
Body of its members and not with the Registrar of Cooperative Societies
or the State Government. According to the petitioners, 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 Right to
Information Act. In view of the above legal position, these writ petitions
are filed to set aside the letters of the respective 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,
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W.P.Nos.12647 & 9357 of 2014
in these writ petitions are 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 Cooperative
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,
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W.P.Nos.12647 & 9357 of 2014
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 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 in Na.Ka.95879/2013 Ni.A1, dated 18.01.2014 and
in Rc.No.149476/2005AR, dated 25.11.2005, consequential revised order
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W.P.Nos.12647 & 9357 of 2014
in Rc.No.66860/2013 AR1, dated 06.09.2013 and Na.Ka.150/2011
Tho.Sa(1) dated 21.02.2011, signed on 10.03.2014. Hence, the impugned
orders are quashed and the writ petitions are allowed. However, there shall
be no order as to costs. Consequently, the connected miscellaneous
petition is closed.
Index : Yes/No 17.04.2023
Neutral Citation : Yes/No
drm
To:
1. The Joint Registrar of Coop. Societies
(Statutory & Training) / Public Information Officer
O/o.Registrar of Coop. Societies
No.170, E.V.R.Periyar High Road
Kilpauk, Chennai – 10.
2. The Registrar of Cooperative Societies
No.170, N.V.M Maligai
Kilpauk, Chennai – 10.
3. The Additional Registrar of Co-operatives (ICDP)
O/o The Registrar of Co-operative Societies
No.170, N.V.N.Maligai
Kilpauk, Chennai – 10.
4. The Deputy Registrar / Public Information Officer
O/o Joint Registrar of Co-operative Societies
Dharmapuri Region, Dharmapuri District.
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W.P.Nos.12647 & 9357 of 2014
S.M. SUBRAMANIAM, J.
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W.P.Nos.12647 & 9357 of 2014
17.04.2023
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