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1976 Supreme(Mad) 420

V.BALASUBRAHMANYAN, P.S.KAILASAM
N. A. Chidambaram Chettiar Firm by its Partner N. A. Chidambaram and others – Appellant
Versus
The State of Tamil Nadu, represented by the Chief Secretary to Government, Madras and others. – Respondent


Advocates:
K.K. Venugopal for G.S. Vaidyanathan, S. Chellaswami, M.S. Sethu, P. Ramaswami Pandian, M. Krishnappan, S. Govind Swaminathan and A.R. Ramanathan, for Petitioners.

Kailasam, CJ:-In this batch of wri petitions, a writ of declaration to declare the Tamil Nadu Debt Relief Act, 1976 (President’s Act for Tamil Nadu XXXI of 1976) as unconstitutional, illegal and void, is sought.

2. The matter came up before Mohan, J., for admission, and, as the question involved the tires of the Act, the learned Judge directed the matter to be posted before a Bench and thus these petitions have come up before us for admission.

3. The Tamil Nadu Debt Relief Act (XXXI of 1976) was enacted by the President in exercise of the powers conferred on him by section 3 of the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976. The object of the enactment is stated to be to provide relief from indebtedness to landless agricultural labourers, rural artisans and small farmers in the State of Tamil Nadu. Section 2 of the Act. declares that the Act is for giving effect to the policy of the State towards securing the principles specified in Article 46 of the Constitution. The reason for the enactment is to implement the liquidation of rural indebtedness in stages by imposing a moratorium on recovery of dues from the landless labourers, small farmers, marginal’ farmers and





















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