T. S. SIVAGNANAM, J.

These appeals by Co-operative Societies, registered under the provisions of the Tamil Nadu Co-operative Societies Act, 1983, are directed against the dismissal of W.P.No.9713 of 2012, etc., batch by common order dated 25.04.2012.

2. The Appellants were the Writ Petitioners. Though varied prayers were sought for in the Writ Petitions, the question which fell for consideration is whether a co-operative registered under the Tamil Nadu Co-operative Societies Act, 1983, is a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005 (hereinafter referred to as RTI Act. The Writ Petitions were dismissed, consequently holding that the co-operative societies fall within the definition of public authority as defined under Section 2(h) of the RTI Act. Challenging the said order, these appeals have been preferred contending that the co-operative societies is not a body, which is controlled by the Government and hence, does not fall within the definition of Section 2(h) of the RTI Act. Further, it is contended that the word control in Section 2(h) of the RTI Act relates to administrative control and not a regulatory control and the various provisions relied on by the Writ Court and the judgments referred pertain to a regulatory control and are not applicable to the facts and circumstances of the case. It was further contended that though the co-operative societies are manned by Special Officer appointed by the Government, it would not become a public authority to be covered under the provisions of RTI Act.

3. The learned counsel appearing for the Appellants submitted that the legal issue involved is squarely covered by the decision of the Honble Supreme Court in the case of Thalappalam Ser. Co-op., Bank Ltd., and others v. State of Kerala and others reported in (2013) 7 MLJ 407 (SC) : (AIR 2013 SC (Supp) 437).

4. The learned counsel appearing for the Tamil Nadu Information Commission, the first respondent in W.A.No.2425 of 2015, while agreeing, that after the decision of the Hon’ble Supreme Court in the case of Thalappalam Ser. Co-op., Bank Ltd., and others, (AIR 2013 SC (Supp) 437) (supra), the Commission has been following the decision holding that the co-operative societies would not fall within the definition of public authority, however, he seeks to add caveat contending that there is a slight distinction, if the society is manned by a Special Officer appointed by the Government.

5. The submission of the learned counsel appearing for the private respondents who are the applicants under the RTI Act is also on the same lines as that of the learned counsel appearing for the Tamil Nadu Information Commission.

6. In the case of Thalappalam Ser. Co-op., Bank Ltd., and others (AIR 2013 SC (Supp) 437) (supra), appeals were filed by co-operative societies and the question which fell for consideration before the Hon’ble Supreme Court was whether a co-operative society registered under the Kerala Co-operative Societies Act, 1969, will fall within the definition of public authority under Section 2(h) of the RTI Act and be bound by the obligations to provide information sought for by a citizen under the RTI Act. On behalf of the Co-operative Societies, it was contended that the societies are not statutory bodies and are not performing any public functions and will not come within the expression State within the meaning under Article 12 of the Constitution of India. The State of Kerala sought to sustain the circular issued by the Registrar of Co-operative Societies by contending that the Registrar has got all pervasive control over the societies with power to supersede the management of the society and to appoint an Administrator and this would indicate that though the societies are body corporate's, they are under the statutory control of Registrar of Co-operative Societies. Before the Hon’ble Supreme Court, the Co-operative Societies registered under the provisions of the Kerala Act, whic