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TMI Blog2024 (6) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... ority as defined under Section 2(h) of the RTI Act. Therefore, the impugned order passed by the 1st respondent in S.A.No.6082/A/2022 dated 04.05.2022 is liable to be quashed. The impugned order is quashed and this Writ Petition is allowed. - MRS. V. BHAVANI SUBBAROYAN, J. For Petitioner : Mr. R. Shriram Adhethyen For R1 : Mr. C. Vigneswaran Standing Counsel For R2 R3 : Mr. P. Ganesan Additional Government Pleader For R4 : Mr. P. Thangaraj ORDER This Writ Petition has been filed challenging the impugned order dated 04.05.2022 passed by the 1st respondent in S.A.No.6082/A/2022. 2. The brief facts of the case of the petitioner are as follows : i) The petitioner is a society registered under the Tamil Nadu Cooperative Societies Act, 1983. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent had issued a letter dated 24.02.2022 to the petitioner's society thereby direct the petitioner's society to give the information sought by the 4th respondent. The Hon'ble Supreme Court of India in the case of Thalappalam Services Cooperative Bank Ltd. and others Vs. State of Kerala and others reported in (2013) 7 MLJ 407 (SC) and the Hon'ble Division Bench of this Court in the case of the Public Information Officer Vs. The Registrar, Tamil Nadu Information Commission and others etc., reported in 2015 (4) CTC 105 has held that Co-operative Societies is not a Public Authority under Section 2(h) of the Right to Information Act, 2005. iii) The Right to Information Act is not applicable to the petitioner's society. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the pockets of riches and non eligible persons. The Government of Tamil Nadu provides 4% interest incentive in addition to the Government of India's 3% interest incentive to the farmers who repay the crop loan on or before the due date. The Government of Tamil Nadu provides 2% interest subsidy to the Co-operatives over and above the interest subvention received from the Government of India for the disbursement of crop loans done out of their own funds. In the financial year 2021-22, the total crop loan disbursement to the farmers via the Cooperative Societies are Rs.10,292 crores which is disbursed to 14,84,052 farmers across the State. The purpose of the implementation of these schemes is only to the benefit the poor farmers but most o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in 5 out of 6 information sought by the 4th respondent. Aggrieved by the action of the petitioner society, the 4th respondent approached the 1st respondent on 31.03.2022 by way of second appeal in S.A.No.6082/A/2022. In that second appeal, the 1st respondent passed the impugned order on 04.05.2022 directing the petitioner society to provide all the information as sought by the 4th respondent. However, the petitioner society chooses to challenge the order passed by the 1st respondent. Hence, this Writ petition. 5. The learned counsel for the petitioner submitted that the impugned order passed by the 1st respondent is illegal, arbitrary and unsustainable and the same is liable to be set aside. 6. The learned counsel for the petitioner furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered under the Kerala Co-operative 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, however, with no order as to costs. 10. In paragraph 9 of the judgment in the case of Public Information Officer Vs. The Registrar, Tamil Nadu Information Commission a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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