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1980 Supreme(Mad) 391

ISMAIL, SATHAR SAYEED
G. N. Venkataswamy – Appellant
Versus
Tamil Nadu Small Industries Development Corporation Ltd. – Respondent


Advocates:
D. Raju, C.R. Krishnamurthi, M.N. Krishnamani, J.R.K. Bhavanandam, V. Radhakrishnan, S. Ramalingam, K. Ramachandran, M. Velusami, K.T. Palpandian, E. Padamanabhan, R. Muthukumaraswami, P. Veeraraghavan, G. Subramaniam, B. Kumar, S. Jagadeesan, M. Muthuswami, P. Vedavalali, K. Doraiswami, G. Ramaswami for N. Ganapathi, A. Thirumoorthy, Titus Jesudoss, Nalini Chidambaram, E.S. Govindan and T.V. Ramanujam, for Petitioners; Advocate General assisted by Govt. Pleader and T.R. Rajagopalan, R. Mohan, R. Krishnamurthi, Dulip Singh and G. Venkataraman, for Respondents.

Judgement

ISMAIL, C. J.:- This batch of writ petitions raises common questions regarding the validity of Section 52-A of the Tamil Nadu Revenue Recovery Act (I of 1864) as amended by the Tamil Nadu Act 12 of 1972, hereinafter referred to as the Act. The said Section 52-A reads as follows :-

"52-A. Recovery of sums due to the Tamil Nadu Agro-Industries Corporation and another. Corporations etc :-without prejudice to any other mode of recovery which is being taken or may be taken, all loans granted and all advances made to any person -

(i) by the Tamil Nadu Agro Industries Corporation Limited, Madras or

(ii) by such other Corporation (the shares of which have been contributed, underwritten or guaranteed by the State Government) as may be notified in this behalf by the State Government in the Tamil Nadu Government Gazette, or

(iii) from out of the Amalgamated Tamil Nadu Shares of the Post War Services Reconstruction Fund and the Special Fund for Reconstruction and Rehabilitation of Ex-servicemen, together with interest on such loans and advances, and all sums due to the Corporations mentioned in Clauses (i) and (ii) may be recovered in the same manner as arrears of land revenue under the p




























































































































































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