Madras High CourtWP(MD)/753/2022allowed

A1382, Virudhunagar District Consumers Co-Operative Whole Sales Stores Ltd., v. The Tamil Nadu Information Commission

2022-06-27Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.753 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.753 of 2022 and W.M.P.(MD)No.595 of 2022 A 1382, Virudhunagar District Consumers Cooperative Whole Sales Stores Ltd., Aruppukottai Road,Viruthunagar Rep.through its Managing Director (In-charge). ... Petitioner Vs.

1.The Tamil Nadu Information Commission, Rep. by its Commissioner, No.19, Arasu Pannai Graman, Peranpet, Nanthanam, Chennai 600035.

2.M.Sriramar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to No.SA 1793/A/2020 dated 01.12.2021 initiated by the 1st respondent, quash the same and consequentially direct the 1st respondent to drop the action. For Petitioner : Mr.T.Ravinchandran For Respondents : Mr.B.Saravanan, Standing Counsel for R1 Mr.R.Murugappan for R2.

ORDER

Heard the learned counsel on either side.

2.The petitioner is a cooperative society. It received the impugned notice of enquiry from the information commission. Challenging the same, the writ petition has been filed. 3.The issue raised in the writ petition has been authoritatively concluded by the decision of the Hon'ble Supreme Court reported in (2013) 16 SCC 82 (Thalapalam Service Cooperative Bank Limited Vs. State of Kerala). The said decision was followed https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.753 of 2022 by the Madras High Court also in a number of decisions. It has now been held that a cooperative society cannot be brought under purview of the Right to Information Act, 2005. Since the cooperative society is not amenable to the Right to Information Act, no information under the said Act can be sought. 4.In this view of the matter, the very issuance of the impugned order is without jurisdiction, it stands quashed and the writ petition is allowed. I make it clear that the rights of the third respondent who is said to be employee of the writ petitioner society are left open. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar() // True Copy // /07/2022 Sub Assistant Registrar(CS) Ias TO The Commissioner, Tamil Nadu Information Commission, No.19, Arasu Pannai Graman, Peranpet, Nanthanam, Chennai 600035.

+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-28393[F] dated 28/06/2022 ) +1 CC to M/s.B. SARAVANAN, Advocate ( SR-28412[F] dated 28/06/2022 ) W.P(MD)No.753 of 2022 27.06.2022 SRK(CO) KB(05.07.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2