Madras High Court
Villupuram District Central vs The Commissioner on 21 February, 2025
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.15852 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.15852 of 2021
and W.M.P.Nos.16735 & 16736 of 2021
Villupuram District Central,
Co-Operative Bank Ltd.,
Rep., by its General Manager/
Public Information Officer,
2, Hospital Road, Villupuram-605 502 ...Petitioner
-Vs-
1. The Commissioner,
State Information Commission,
2, Thiyagaraya Raod,
Teynampet, Chennai 600 018
2. The District Collector,
Villupuram District,
3. G.vijayan
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a direction in the nature of Writ of Certiorari, to
call for the records on the file of the first respondent relating to the order
bearing No.S.A.2317/A/2021 dated 07.07.2021 passed by the 1st respondent
and quash the same.
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.15852 of 2021
For Petitioner : Mr.R.Arumugam
For Respondents : Mr.C.Vigneswaran,
Standing Counsel fro R1
Mr.R.L.Karthika,
Government Advocate
for R2
ORDER
This writ petition has been filed seeking to call for the records on
the file of the first respondent relating to the order bearing
No.S.A.2317/A/2021 dated 07.07.2021 passed by the 1st respondent and
quash the same.
2. The brief facts of the case are as follows:
The petitioner, Villupuram District Central Co-Operative bank is
established and registered under the provisions of Tamil Nadu Co-Operative
Societies Act. The petitioner bank has not received any funds or financial
assistance from the State Government. On 19.12.2020 the 3rd respondent sent
an application to the petitioner seeking to furnish documents under RTI Act.
The petitioner sent a reply to that on 22.12.2020. The 3rd respondent, filed an
https://www.mhc.tn.gov.in/judis
appeal to District Collector to which the petitioner replied on 22.01.2021. On
19.07.2021 the petitioner received an e-mail from the 1 st respondent which
included the impugned order dated 07.07.2021 through which the petitioner
came to know that the 3rd respondent had filed an appeal before the 1st
respondent. The first respondent did not issue any notice of hearing and no
opportunity was given before passing the impugned order. The said
impugned order is contrary to the Division Bench Judgment in W.A.No.2425
of 2015 dated 29.04.2015 as well as two orders passed by the 1st respondent
in the appeal in respect of the petitioner bank itself. Aggrieved by this, the
petitioner has been filed the present writ petition.
3.Learned counsel for the petitioner would submit that the 1st
respondent has directed the petitioner to furnish the information without
giving any prior notice to the petitioner. He further submit that no notice was
issued before passing the impugned order.
4.Learned Standing counsel appearing for the 1st respondent submitted
that no notice was issued to the petitioner before the issuance of the order of
the 1st respondent dated 07.07.2021.
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5. Heard both sides and perused the materials available on record.
6. In view of the above submissions made by the learned counsel on
either side, the order passed by the 1st respondent bearing
No.S.A.2317/A/2021 dated 07.07.2021 is hereby set aside and the matter is
remitted back to the 1st respondent for a fresh consideration on merits, in
accordance with law and to pass appropriate orders within a period of three
months from the date of receipt of a copy of this order.
7 .In the result, the writ petition stands disposed of with the above
observation and direction. No costs. Consequently, connected miscellaneous
petitions are closed.
21.02.2025
vsn
Index : Yes / No
Speaking / Non-Speaking Order
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To
1. The Commissioner,
State Information Commission,
2, Thiyagaraya Raod,
Teynampet, Chennai 600 018
2. The District Collector,
Villupuram District,
https://www.mhc.tn.gov.in/judis
J.SATHYA NARAYANA PRASAD, J.
vsn
and W.M.P.Nos.16735 & 16736 of 2021
21.02.2025
https://www.mhc.tn.gov.in/judis
