M.SATHYANARAYANAN, PRABHA SRIDEVAN
T. S. Senthil Kumar – Appellant
Versus
The Government of Tamil Nadu, Rep. by its Secretary, Fort St. George, Chennai & Others – Respondent
Prabha Sridevan, J.
This writ petition has been filed for a declaration that Sections 4, 5, 6, 7, 8, 9 and 10 of the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 as null and void and contrary to Article 14 of the Constitution of India and also to quash the impugned order dated 27. 2008 passed by the fourth respondent herein.
2. Pending the writ petition, directions had been issued for giving an opportunity to the petitioner to reply to the show cause notice and until any order was passed, there can be no eviction of the petitioner. Therefore, the individual and personal grievance of the petitioner has been addressed by the interim orders of this Court. But, the learned counsel for the petitioner submitted that the grounds of attack on the constitutionality of the provisions of the Act still remain and made her submissions.
3. According to the learned counsel, the impugned Sections of the Act confer upon the Executive, an unguided and uncanalised discretionary power, since they deny to the person aggrieved an opportunity of being heard. The provisions do not contemplate any procedure to be adopted for hearing, nor for any enquiry of the affect
3. L. Krishnan vs. State of Tamil Nadu
5. Hinch Lal Tiwari v. Kamala Devi and Ors.
6. Kesavananda Bharati v. State of Kerala
7. Union of India v. Hindustan Development Corporation
9. In M.C. Mehta v. Union of India
13. (2008) 5 MLJ Mad.1425 - Sivakasi Region Tax Payers Asson. v. State of T.N
116. Karnataka Industrial Areas Development Board Vs. C.Kenchappa - [(2006) 6 SCC 371
117. Ahmedabad Municipal Corporation vs. Nawab Khan Gulab Khan
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4. Intellectuals Forum vs. State of Andhra Pradesh
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10. In 1991(1) U.J. (S.C. ) 628 : AIR 1991 SC 1117 : (1991) 2 SCC 604
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