M.ANANTANARAYANAN, M.NATESAN
Gulabibai Jain – Appellant
Versus
District Munsif, Poonamallee Rent Controller, – Respondent
In our view, the substantial point which is involved in the writ appeal can be disposed of on quite a short ground. It is a well-established principle of the judicial interpretation of statutes, that a Court may certainly look into the full-length title of an Act and its Preamble, in order to appreciate the intendment and tenor of the enacted statute. Certainly, this was enunciated by their Lordships of the Supreme Court in In re Kerala Education Bill, 19571, and their Lordships further observed on this principle that, when any particular clause leaves any discretion to the Government to take any action, it must be understood that such discretion must be exercised for the purpose of advancing the policy enunciated in the Preamble. Their Lordships stated that the policy and purpose of a given measure could be deduced from the Long Title and Preamble thereto, and that this has been recognised in many decisions of that Court.
But, the extraordinary remedy sought for in the writ petition was the issue of a writ of prohibition inhibiting the Rent Controller from further proceeding with an action before him under section 14 (1) (b) of Act XVIII of 1960, on the grou
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