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1991 Supreme(Mad) 928

SWAMIDURAI, MISHRA
Thirubhuvanam Silk Handloom Weavers’ Cooperative Production and Sales Society Ltd. – Appellant
Versus
State of Tamil Nadu – Respondent


Appearing Advocates:N.Paul Vasanthakumar, etc., for Petitioners. G.Rajagopalan, Special Government Pleader, for Respondents.

Judgment :-

Mishra, J.:

The petitioners herein have challenged the Ordinance No.5 of 1991 dated 27th July, 1991 published in the Tamil Nadu Government Gazette (Extraordinary) dated 28th July, 1991. In the course of the hearing of the writ petitions, however, the Tamil Nadu Co operative Societies (Appointment of Special Officers) Act, 1991 has been notified. They have amended the prayer and sought a declaration that it is void and unconstitutional.

2. The statement of Reasons and Objects in the Amendment Act is the same as in Ordinance and the provisions therein are the same as in the Ordinance, It is useful to notice that the Legislature of the State has enacted the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) repealing the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961) and the Tamil Nadu Co-operative Land Development Banks Act, 1934 (Tamil Nadu Act 10 of 1934) to amend and consolidate the law relating to and to make better provision for the organisation, management and supervision of co-operative societies in the State of Tamil Nadu (See Preamble to the Act 30 of 1983). The Preamble to the Act 30 of 1983 contains that, "to provid






































































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