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2014 (12) TMI 1385 - HC - Indian LawsAppointment in the post of Senior Manager (Dairy) in a Society registered under the Kerala Co-operative Societies Act, 1969 - Whether a Writ Petition under Article 226 of the Constitution of India is maintainable against Co-operative Societies registered under the Kerala Co-operative Societies Act, 1969? - HELD THAT:- Whether a body or authority is a State or not is a mixed question of fact which has to be examined, taking into consideration different factors including the constitution, finance, function, control etc. For deciding the said issue, the Court has to essentially enter into various facts. There being no foundation in the Writ Petition, it is neither necessary nor desirable to enter into the said issue. Thus, there being no foundation in the Writ Petition, the question as to whether respondents 2 to 4 are 'authorities' within the meaning of Article 12, cannot be considered. The power of the High Court to issue certain writs under Article 226 of the Constitution of India is not confined to the traditional powers of the English Court to issue writs. Under Article 226, power has been given to the High Court to issue writ to any person or authority, including in appropriate cases, any Government, within those territories. The Apex Court had occasion to consider the question regarding maintainability of the Writ Petition against a Co-operative Society in A. UMARANI VERSUS REGISTRAR, COOPERATIVE SOCIETIES AND ORS. [2004 (7) TMI 693 - SUPREME COURT]. The Writ Petition was filed in the High Court by the employees of the Co-operative Society. The learned Single Judge dismissed some of the Writ Petitions against which Writ Appeals were filed. The Division Bench framed various issues for consideration. One of the issues framed was as to whether the Writ Petition was maintainable. The Division Bench held that the Writ Petition was maintainable. The matter was taken to the Apex Court and a contention was also raised before the Apex Court that the Writ Petition is not maintainable against a Co-operative Society - Apex Court reiterated that a Writ Petition against a Co-operative Society is maintainable if the action of the Co-operative Society is violative of statutory provisions. The Writ Petitions against Co-operative Societies are maintainable in certain circumstances. When the action complained in the Writ Petition is of any statutory violation on the part of the Co-operative Society, a Writ Petition will lie. The action of the Co-operative Society, if falls in a public domain or breach of the public duty is complained of, writ may also lie. However, in the absence of breach of any statutory duty or public duty, a Writ Petition cannot be entertained against a Co-operative Society. Applicability of decision in the case of Bhaskaran & others v. Addl. Secretary & others [1987 (11) TMI 401 - KERALA HIGH COURT] - HELD THAT:- The judgment of the Full Bench in Bhaskaran confines to only consideration of a Co-operative Society under Article 12. In regard to Co-operative Society which does not fall under Article 12, writ cannot be maintainable against the Co-operative Society on that basis. However, as we have already observed by considering issue No. (i), Writ Petition may be maintainable against Co-operative Society in the circumstances mentioned therein. The present Writ Petition is not maintainable under Article 226 of the Constitution of India - Petition dismissed.
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