R.S.PATHAK, SABYASACHI MUKHARJEE, V.D.TULZAPURKAR
S. Kandaswamy Chettiar – Appellant
Versus
State Of T. N. – Respondent
Judgment
TULZAPURKAR, J.:- In these writ petitions and civil appeals by special leave the petitioners and appellants, who are tenants of several buildings belonging to the Hindu, Christian, and Muslim religious public trusts as also to public charitable trusts in the State of Tamil Nadu, have challenged the legality and / or validity of the total exemption granted to all such buildings from all the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1900 (Tamil Act US of 1960) (for short the Act) in exercise of the powers conferred upon the State Govt. under S. 29 of the Act.
2. Section 29 of the Act runs thus :
"29. Exemptions. - Notwithstanding anything contained in this Act, the Government may, subject to such condition as they deem fit, by notification exempt any building or class of buildings from all or any of the provisions of this Act."
It appears that initially by G. O. Ms. No. 1998 (Home) dated 12th August, 1974, the State Government had, in exercise of its powers under S. 29 exempted all the buildings owned by the Hindu, Christian and Muslim religious trusts and charitable institutions from all the provisions of the Act; in other words the exemption was avai
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