A cooperative society is not a public authority under the RTI Act and is not obliged to provide information requested by a private entity.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-03-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP No. 19764 of 2022 K.863, Elumathur Primary Agricultural Cooperative Credit Society Limited, Rep. by its President N. Sivanandam S/o. Nadanasabapathy, Elumathur Village and Post - 638 104 Modakurichi Taluk, Erode District.

..Petitioner(s)

Vs

1. The Deputy Registrar of Cooperative Societies, (Public distribution system) / Public Information Officer, Cooperative Office Campus, Mohan Kumaramangalam Road, Surampatti, Erode 9.

2. B. Dharmaraj ..Respondent(s)

Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Na.Ka.2053/2019/PDS.2, dated 05.09.2019 and quash the same.

For Petitioner(s) : Mr.C.Prakasam For Respondent(s) : Mr.M.Muthusamy, GA for R1 Mrs.M.Nuzhath Khanam for M/s.I.Kowser Nissar

ORDER

This writ petition has been filed to call for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Na.Ka.2053/2019/PDS.2, dated 05.09.2019 and quash the same.

2. The case of the petitioner is that the second respondent had sought for information relating to the petitioner viz., K.863, Elumathur Primary Agricultural Co-operative Credit Society Limited, from the first respondent under the provisions of the Right to Information Act, 2005 (hereinafter referred to as 'the Act' for short). In the meanwhile, the First Respondent in his letter No.Na.Ka.2053/2019 dated 05.09.2019 required the petitioner to furnish the information sought by the Second Respondent. The petitioner society sent a suitable reply to the respondents stating that the Cooperative Societies are not amenable under Right To Information Act. Despite which, the second respondent approached the State Information Commission, who in turn by order dated 02.06.2022 in Case No.NC 263/Enquiry/E/2021 and SA 10846/E/2019 directed the first respondent to furnish the information sought by the second respondent. Aggrieved over the direction issued by the first respondent dated 05.09.2019, the petitioner society has come forward with the present writ petition.

3. Learned counsel for the petitioner would submit that in the present case, the petitioner society is not a public authority so as to provide any information to the second respondent. If at all the second respondent sought any information, the first respondent is entitled to provide the said information available with them and not entitled to call for the information from the petitioner to furnish additional information that exceeds what is currently held on record. To substantiate the same, he relied on the judgment passed by the Hon’ble Supreme Court of India in the case of Thalappalam Service Cooperative Bank Limited Vs. State of Kerala [(2013) 16 SCC] and the relevant paragraphs are extracted hereunder:

51. We have found, on facts, that the Societies, in these appeals, are not public authorities and, hence, not legally obliged to furnish any information sought for by a citizen under the RTI Act. All the same, if there is any dispute on facts as to whether a particular Society is a public authority or not, the State Information Commission can examine the same and find out whether the society in question satisfies the test laid in this judgment. Now, the next question is whether a citizen can have access to any information of these Societies through the Registrar of Cooperative Societies, who is public authority within the meaning of Section 2(h) of the Act.

52. Registrar of Cooperative Societies functioning under the Cooperative Societies A