LAWS(MAD)-2022-10-180

G.CHINNATHAMBI Vs. DEPUTY REGISTRAR OF COOP. SOCIETIES

Decided On October 19, 2022
G.Chinnathambi Appellant
V/S
DEPUTY REGISTRAR OF COOP. SOCIETIES Respondents

JUDGEMENT

(1.) In this Writ Petition, a challenge has been made to the impugned order passed by the first respondent, dtd. 24/6/2011, directing the second respondent to furnish the information sought for by the third respondent,

(2.) The third respondent, claiming to be a member of the second respondentCo-operative Society, sought for information from the second respondent regarding the loan availed by other members of the Society, including the petitioner, and also waiver of the same. As the said information was not furnished by the second respondent, the third respondent filed an appeal before the first respondent, who allowed the appeal and directed the second respondent to furnish the information sought for by the third respondent. Aggrieved over the same, the petitioner has filed this Writ Petition.

(3.) Learned counsel for the petitioner would submit that the information sought for by the third respondent relating to other members of the Society, including the petitioner, is not amenable to Right To Information Act, 2005, whereas, the first respondent passed the impugned order in violation of the provisions of the said Act and, therefore, the impugned order is liable to be set aside. In support of his submission, the learned counsel relied upon a decision of the Hon'ble Apex Court in Thalappalam Ser. Coop. Bank Ltd. v. State of Kerala, 2013 (16) SCC 82, and other decisions of this Court in W.P.No.1421 of 2013, dtd. 22/6/2022; W.P.No.11444 of 2011, dtd. 2/12/2020; and W.P.No.33282 of 2016, dtd. 15/11/2021, wherein this Court held that Right To Information Act is not applicable to Co-operative Societies. Accordingly, he seeks to quash the impugned proceedings.