Z.B.97 Maraiyur Primary Agricultural Cooperative Credit Society Ltd., v. The Deputy Registrar Of Cooperative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025 CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA and W.M.P.No.27743 of 2021 Z.B.97 Maraiyur Primary Agricultural Cooperative Credit Society Ltd., Rep by its Secretary, J.Mahalakshmi, F/54, W/o.Sivasakthivadivel, Agraharam Street, Maraiyur, Mayiladuthurai Taluk & District.
... Petitioner Vs.
1.The Deputy Registrar of Cooperative Societies, Mayiladuthurai Circle, Mayiladuthurai, Mayiladuthurai District.
2.Jayasankar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Na.Ka.132/2021/Pa.Tho, dated 03.11.2021 and quash the same. 1/6
For Petitioner : Mr.C.Prakasam For Respondents : Mr.S.Ravikumar Special Government Pleader for R1 No Appearance for R2
ORDER
This Writ Petition has been filed to quash the order passed by the first respondent in his proceedings Na.Ka.No.132/2021/Pa.Tho, dated 03.11.2021.
2. The learned counsel appearing for the petitioner would submit that the petitioner is the Secretary of the Society, which is registered under the Tamil Nadu Co-operative Societies Act and some of the members of the said Society viz., Rajesh, Selvi, Asokan, K.M.V.Senthilkumar including the 2nd respondent frequently made application under RTI Act seeking information for particulars of the members and other waiver of details with regard to loans.
3. The learned counsel for the petitioner further submit that the Society had duly informed the second respondent stating that the Co-operative Society does not comes under purview of RTI Act. Despite the same, the RTI 2/6
applicants preferred an appeal, pending appeal the first respondent issued the impugned communication to the petitioner Society in Na.Ka.No.132/2021/Pa.Tho dated 03.11.2021, whereby, directing the petitioner Society to furnish information sought for by the second respondent and the same should be informed to the first respondent.
4. The learned counsel would further submit that there is no necessity for the second respondent to seek the particulars and there is no public interest is established by him.
5. The learned Special Government Pleader appearing for the first respondent would submit that the information sought by the second respondent will be collected by the first respondent from the petitioner society and the same will be furnished to the second respondent, within the time frame that may be stipulated by this Court.
6. Heard both sides and perused the materials available on record. 3/6
7. It is well settled law, the first respondent has passed the impugned order in his proceedings Na.Ka.No.132/2021/Pa.Tho dated 03.11.2021 directing the petitioner society to furnish particulars sought by the second respondent which is unsustainable in law. The above impugned communication of the first respondent dated 03.11.2021 is liable to be set aside and the same is hereby set aside.
8. The first respondent is directed to collect the particulars/informations sought for by the second respondent from the petitioner/Society and to furnish the same to the second respondent within a period of three months from the date of receipt of a copy of this order.
9. This Writ Petition stands allowed. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
15.07.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas/dsn 4/6
To The Deputy Registrar of Co-operative Societies, Mayiladuthurai Circle, Mayiladuthurai, Mayiladuthurai District.
5/6
N.MALA, J.
jas/dsn and W.M.P.No.27743 of 2021 15.07.2025 6/6