Judgement

ALAGIRISWAMI, J.:- The Tamil Nadu Land Encroachment Act, 1905 is impugned in these petitions as unconstitutional and void. Notices have been found issued to the petitioners under Section 6 of that Act in order to evict them from a certain piece of land claimed to be Government land. The challenge to the constitutional validity of the Act is based solely on the decision of this Court in Northern India Caterers v. State of Punjab, (1967) 3 SCR 309. In that case the validity of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 was under consideration. The State had leased its premises to the appellant therein for running a hotel and when the lease expired called upon him to hand over vacant possession of the premises. On the appellant failing to do so the Collector issued a notice under Section 4 of the Punjab Act requiring the appellant to show cause why an order of eviction should not be passed under Section 5. This Court while holding that "there is an intelligible diffentia between occupiers and that the classification has a reasonable relation to the object of the Act and does not offend Article 14" also held that "Section 5 of the Act confers an