Anantanarayanan, C.J.-

The issue involved in this reference by Veeraswami, J. can be simply formulated as the question whether a notice under section 80 of the Code of Civil Procedure is required for a suit against the State Government or an authority of that Government, for a mandatory injunction. The learned Judge (Veeraswami, J.) has briefly referred to the apparent conflict of the case-law on this point, and expressed his own view that he was unable to agree with the interpretation which Curgenven, J., placed on the words of section 80, Civil Procedure Code in Krishnaswami Sastri v. Syed Ahmed1. In our view, the issue is practically concluded by a decision of the Judicial Committee, to which we shall later refer approbated and explained in a recent decision of the Supreme Court in Sawai Singhai v. Union of India2, apparently this decision was not before Veeraswami, J., at the time that he made this reference.

A very brief reference to the facts of the case may be useful, as we are now disposing of the case on the preliminary ground, in addition to dealing with the reference on the point of law by the learned Judge. The facts here are that a suit was filed against the State of Mad

Click Here to Read the rest of this document