P KANNAN Vs. DIRECTOR OF SUGARS MADRAS 35

JUDGEMENT

(1.) I find that there is a conflict of opinion as to whether a Writ Petition will lie against the Co-operative Society A Division Bench of this Court in KKannappan v The Sriperum- budur Taluk Co-operative Society Limited, Nazara- thpet, Madras-56, WPNo671 of 1987, dated 2791979, has taken view that no writ will lie As against this, contrary view is found expressed in LVenkatachalam, v The Registrar of Co-operative Societies, Madras, WANo74 of 1970, dated 13111973, as well as WANo1134 of 1984 A learned Single Judge of this Court has also taken the similar view as seen from S Varadarajan v The Special Officer, TUCS Ltd, Madras, 1985 Writ LR 251 In view of the conflicting views, I am of the opinion that an authoritative decision has to be rendered to avoid any ambiguity on an important question like this Therefore, I direct the papers be placed before My Lord, the Chief Justice for such appropriate orders for reference to the larger bench as My Lord, the Chief Justice may deem fit The Judgment of the Full Bench was delivered by Venkataswami, J: The question that has been referred to the Full Bench by one of us (Mohan, J) as His Lordship then was) is

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

(3.) ON the other hand, MrMRNarayanasamy, learned counsel appearing for the respondents, has advanced arguments inviting this Court to answer the question in the negative