(Writ Appeal filed under Clause 15 of the Letters of Patent against the order of the learned Judge Mr. Justice V.S. Sirpurkar, dated 12.02.1998 made in Writ Petition No.1245 of 1989.)

P. Sathasivam, J.

A Five Judge Bench of this Court in M. Thanikkachalam vs. Madhuranthagam Agricultural Co-operative Society (2001 WLR 1 : 2001 (1) LLJ 285), has held that no writ will lie against a Co-operative Society, since it is not an instrumentality of the State within the meaning of Article 12 of the Constitution of India. While hearing Writ Appeal No.1573 of 1998 filed against the order of learned single Judge dismissing the writ petition that no writ will lie against a Co.operative Society, the then First Bench (Markandey Katju, C.J. & F.M.K.,J.) doubting the Five Judge Bench decision, by order dated 09.08.2005, referred the following question to be decided by a Larger Bench.

"Whether the decision of the Five-Judge Bench of this Court in M. Thanikkachalam v. Madhuranthakam Agricultural Co-operative Society (2001 WLR 1) holding that no writ will lie against a co-operative society is correct in law?"

Pursuant to the same, the said question is referred before a Full Bench of us consistin