JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the first respondent in Rc. No. 149476/2005 AR, dated 25.11.2005, consequential revised orders passed by the second respondent in Rc. No. 66860/2013/AR1, dated 06.09.2013, Rc. No. 66860/2013/AR1, dated 23.10.2013 and subsequent letter issued by the third respondent in Na. Ka. No. 1356/2014 Pa dated 15.05.2014 directing to furnish the information to the fourth respondent quash them holding that the petitioner Cooperative Society registered under the Tamil Nadu Cooperative Societies Act will not fall within the definition of “public authority” as defined under Section 2(h) of the RTI Act.

1. This Writ Petition has been filed seeking to quash the order of the first respondent in Rc. No. 149476/2005 AR, dated 25.11.2005, the consequential revised orders passed by the second respondent in Rc. No. 66860/2013/AR1, dated 06.09.2013, Rc. No. 66860/2013/AR1, dated 23.10.2013 and the subsequent letter issued by the third respondent in Na. Ka. No. 1356/2014 Pa dated 15.05.2014, directing to issue copies required by the fourth respondent, holding that the petitioner-Co-operative Society registered under the Tamil Nadu Co-operative Societies Act will not fall within the definition of “Public Authority” as defined under Section 2(h) of the RTI Act.

2. Learned counsel for the petitioner submitted that the petitioner is the elected President of the Society. By letter dated 15.05.2014, the third respondent sought for certain information and documents regarding appointment of Information Officers in Cooperative Societies. And the fourth respondent also requested for certain copies of documents. It is further submitted that the Final Authority rests with General Body of its members and not with the Registrar of Co-operative Societies or State Government. According to the petitioner, the Cooperative Society is not a body, which is controlled by the Government and hence does not fall within the definition of Section 2(h) of the Rights to Information Act. In view of the above legal position, this writ petition is filed to set aside the letters of the respondents seeking information and documents.

3. When the matter was taken up for final disposal, learned counsel appearing for both the parties submitted that the relief prayed for, in the present writ petition is squarely covered by the decision of the Hon'ble Supreme Court in the case of Thalappalam Service Cooperative Bank Ltd. and Others vs. State of Kerala and Others, 2013 (6) CTC 98 (SC) and the judgment of the Division Bench of this Court in the case of Public Information Officer vs. The Registrar, Tamil Nadu Information Commission, 2015 (4) CTC 105.

4. In paragraph 54 of the judgment in the case of Thalappalam Services Cooperative Bank Ltd. and Others vs. State of Kerala and Others, (2013) 7 MLJ 407 (SC), the Hon'ble Supreme Court has held as follows:

“We, therefore, hold that the Cooperative Societies registered 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.”

In Paragraph 9 of the decision in The Public Information Officer vs. The Registrar, Tamil Nadu Information Commission and Others, 2015 (4) CTC 105, the Hon'ble Division Bench of this Court has held as follows:

“9. In the light of the above, we have no hesitation to hold that the legal issue arising in these App