P VIJAYA RAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Counsel for the petitioner pointed out that the question is as to , whether a sponsored and taken over society by government is State within Article 12 of the Constitution. In the case before us it is not the petitioner's allegation that the society in question was sponsored by government though admittedly its administration had been taken over within the framework of the Cooperative Societies Act. According to us the ambit of reference made on 8/05/1989 to a Constitution bench by the Vacation Judge does not apply to the facts of this case. We would accordingly decline to refer it to a Constitution bench or even link it up with that case and direct that the petition be dismissed. It is open to the petitioner to seek such relief as is open to him under law and to plead for condonation of delay. court Masters