SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1988 Supreme(Mad) 349

SATHIADEV
Government of Tamil Nadu, Represented By Its Commissioner And Secretary To Government Law Department – Appellant
Versus
Arcot N. Veeraswami – Respondent


JUDGMENT

Sathiadev, J.

1. Second respondent in W.P. No. 1192 of 1984 being the Government of Tamil Nadu is the appellant herein. Writ petitioner is the first respondent herein. Respondents 2 to 6 herein were respondents 3 to 7 in the writ petition.

2. The writ petition was filed by Arcot N. Veeraswami/first respondent herein to issue a Writ of declaration that Tamil Nadu Ordinance No. 17 of 1983, dated 21.12.1983is null and void. This Ordinance was passed to amend Section 3 of Pachaiyappa's Trust (Takingover of Management) Act, 1981 (Tamil Nadu Act 11 of 1981) (hereinafter referred to as the Act) substituting the words "four years" in the place of "three years".

3. The writ petition in essence was filed to challenge the constitutionality of Tamil Nadu Act 11 of 1981, and the learned Judge by Judgment dated 6.11.1987, had allowed the writ petition by holding that the Act suffers from the want of legislative competence, and therefore it is ultra vires and void. It is against the said judgment, this writ appeal has been preferred.

4. In the writ petition, the Chief Minister of Tamil Nadu was impleaded as first respondent, but when the appeal was admitted, he had been deleted by order dated






























































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top