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1989 Supreme(Mad) 228

S.MOHAN, S.RAMALINGAM, VENKATASWAMI
R. Thamilarasan, J. Rajesekaran, C. Karamani, D. Ramanujam And P. Kannan – Appellant
Versus
Director of Handlooms And Textiles, Madras – Respondent


JUDGMENT

Venkataswami, J.

1. The question that has been referred to the Full Bench by one of us (Mohan, J, as His Lordship then was) is

"Whether a writ would lie against a Co-operative Society under Article 226 of the Constitution of India ?"

2. This question seems to loom large for quite some time not only in this Court but in the other High Courts as well, as could be seen from the cases cited by the counsel on both sides.

3. Mr. M. Ravindran, learned counsel appearing for the petitioner in W.P. Nos. 4124, 4154 and 4167 of 1986 and Mr. Somayaji, learned counsel appearing for the appellant in W.A. Nos. 607 and 608 of 1984, have advanced main arguments inviting this Court to answer the question in the affirmative.

4. On the other hand, Mr. M. R. Narayanasamy, learned counsel appearing for the respondents, has advanced arguments inviting this Court to answer the questions in the negative.

5. Before giving our answer to the question referred to us, it will be fruitful to refer the cases cited on both sides and also point out the principles laid down in those cases.

6. We may also state that the counsel inviting for an affirmative answer have derived support substantially from the following j




































































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