SATHIADEV
Government of Tamil Nadu, Represented By Its Commissioner And Secretary To Government Law Department – Appellant
Versus
Arcot N. Veeraswami – Respondent
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
15. R. Sambamurthy v. State of A.P. A.I.R. 1987 S.C. 663
5. I.N. Saksena v. State of M.P. A.I.R. 1976 S.C. 2250
6. Indira Nehru Gandhi Raj Narain 1975 S.C.C. (Supp) 1 : A.I.R. 1975 S.C. 2299
13. I.N. Sakesna v. State of M.P. A.I.R. 1976 S.C. 2250
14. Krishnaraju Chetty v. Commr of H.R. & C.E. (1977) 2 M.LJ. 188
7. Misri Lal Jain v. State of Orissa (1977) 3 S.C.R. 714
9. Udai Ram v. Union of India A.I.R. 1968 S.C. 1138 : at 1152 (1968) 2 S.C.A. 277
12. Shri P.C. Mills v Broach Municipality A.I.R. 1970 S.C. 192 : (1970) 1 S.C.R. 388
16. General Traders v. State of Andhra Pradesh A.I.R.1984 S.C.121
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