ASHOK BHUSHAN, A.M.SHAFFIQUE, A.V.RAMAKRISHNA PILLAI, A.HARIPRASAD, A.K.JAYASANKARAN NAMBIAR
Association of Milma Officers‚Thiru-vananthapuram – Appellant
Versus
State of Kerala – Respondent
Ashok Bhushan, J. :
” This Larger Bench has been constituted to answer the reference made by a three Judge Bench vide referring order dated 09-01-2012. The Division Bench which heard the writ petition, in turn, made a reference by their order dated 18-10-2010 on which a three Judge Bench was constituted. It is useful to quote the reference order of the three Judge Bench dated 09-01-2012 which is to the following effect.
' Pursuance to reference made by a Division Bench of this Court, this case is posted before us today. We notice from the reference order that the Bench which referred the matter does not consider the Division Bench judgment in W.A.No.206/1982 and the decision reported in Bhaskaran & others v. Addl. Secretary & others, reported in 1987(2) KLT 903 : (AIR 1988 Ker 75) declaring that Co-operative Societies are not amenable to writ jurisdiction do not appear to be correct. In the reference order itself they have referred to decision of the Supreme Court in S.M.V.S.J.M.S.Trust v. V. R. Rudani reported in AIR 1989 SC 1607 and later decision of this Court in Secretary, Cannanore District Muslim Educational Association v. State of Kerala, reported in ILR 2010(2) Ker
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