Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Mad) 1570

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.K.MISRA & THE HONOURABLE MRS. JUSTICE CHITRA VENKATARAMAN
T.V.Angappan & Another - Appellant
Versus
The State of Tamilnadu rep.by the Secretary to Government Education Department - Respondents
W.P.Nos.16576 of 1991, 2550, 4421, 4422, of 1999, 7134 and 20910 of 2000, 14525 of 2001, 43116 of 2002, 3399 of 2004 and 7696 of 2005 and C.R.P.No.1662 of 2005
Decided On : 30 June 2006

Advocates Appeared:For the Petitioners:K.V. Rajan, Sandeep Shah for M/s. Shah & Shah, K. Bijai Sunder, S.J. Jagadev, S. Rajendra Kumar, R. Sundararajan, G. Devi, Advocates. For the Respondents:R1, S. Gomathinayagam, Special Government Pleader, R3, Sanjay Mohan Senior Advocate for M/s. S. Ramasubramaniam & Associates, T.S. Ramaswamy, R2 to 4, G. Jeremiah, Advocates.

Article 14 does not authorise striking down of a law of one State by a process of comparable study of provisions of two enactments in two different States.

Headnote:Nadu Buildings (Lease and Rent Control) Act (18 of 1960) as amended by Act (23 of 1973) and Act (1 of 1980), Sections 4 and 5 - Constitutional validity of Sections 4 and 5 of Tamil Nadu Buildings (Lease and Rent Control) Act-Rent Control Act is a welfare measure - Continuance of such a law is necessary in larger interest of society - Impugned Sections are not violative of Article 14.

Judgment :-

(PRAYER: W.P.No.16576 of 1991 is filed under Article 226 of the Constitution of India for the issue of a writ of mandamus directing respondents-2 to 4 to implement G.O.Ms.No.753, Public Works Department dated 7.4.1984 in respect of the petitioner’s land and building bearing Door No.3, Race Course Road, Coimbatore, and comprised in Old T.S.No.636/2-A New T.S.No.1/1426 and 1/1426 Pt.BCE of Coimbatore Town and continue to do the same once in three years in future and consequently direct respondents-5 and 6 to pay the reasonable rent to be fixed by respondents-2 to 4 to the petitioners.

W.P.No.2550 of 1998 is filed under Article 226 of the Constitution of India for the issue of a writ of Declaration declaring the whole of sub section (1) of Section 5 along with I proviso thereto, of the Tamil Nadu Buildings (Lease and Rent Control) Act (Act 18 of 1960) as amended by Act 23 of 1973 and 1 of 1980 as ultra vires the Constitution of India and to strike down the same insofar as the petitioners are concerned.

W.P.No.4421 of 1999 is filed under Article 226 of the Constitution of India for the issue of a writ of Certiorarified Mandamus calling for the records relating to C.No.(RT) 2043 PWD dated 15.10.1987 and to quash the same and direct the respondents to fix fair rent to the building once in three years as per G.O.Ms.No.753/PWD dated 7.4.1984.

W.P.No.4422 of 1999 is filed under Article 226 of the Constitution of India for the issue of a writ of Declaration declaring Section 5(1) of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960 as invalid in law and unconstitutional.

W.P.No.7134 of 2000 is filed under Article 226 of the Constitution of India for the issue of a writ of Declaration declaring Section 5 of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960, as amended by Act 23 of 1973 and Act 1 of 1980 as null and void and consequentially to strike down the said provision as ultra vires the Constitution of India so far as the petitioner is concerned.

W.P.No.20910 of 2000 is filed under Article 226 of the Constitution of India for the issue of a writ of Declaration declaring sub section (1) of Section 5 of the Tamil Nadu Buildings (Lease and Rent Control) Act as ultra vires the Constitution of India and to strike down the same as unconstitutional and further set aside the order dated 28.4.2000 passed by the XV Judge, Small Causes Court, Madras in R.C.O.P.No.1871 of 1996 and remand the said case for fresh disposal in accordance with Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act of 1960.

W.P.No.14525 of 2001 is filed under Article 226 of the Constitution of India for the issue of a writ of Declaration declaring sub section (1) of Section 5 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as amended by Tamil Nadu Act 23/73 and 1/80 as invalid and void and of no legal effect as being arbitrary and in contravention of Article 14 of the Constitution of India insofar as the petitioner is concerned.

W.P.No.43116 of 2002 is filed under Article 226 of the Constitution of India for the issue of a writ of Declaration declaring Sections 4 and 5 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amended by Act 23 of 1973 as unconstitutional and violative of Article 300-A of the Constitution of India and discriminatory.

W.P.No.3399 of 2004 is filed under Article 226 of the Constitution of India for the issue of a writ of Declaration declaring sub section (1) of Section 5 along with 1 proviso thereto, of the Tamil Nadu Buildings (Lease and Rent Control) Act, (Act 18 of 1960) as amended by Act 23 of 1973 and 1 of 1980 as ultra vires the Constitution of India and to strike down the same insofar as the petitioners are concerned.

W.P.No.7696 of 2005 is filed under Article 226 of the Constitution of India for the issue of a writ of Declaration, declaring the provisions of Sections 4 and 5 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as unconstitutional, unjust, unreaso

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