The Globe Theatres, Ltd. vs The State of Madras

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1953 Supreme(Mad) 339

P.V.RAJAMANNAR, PANCHAPAKESA AYYAR
The Globe Theatres, Ltd. – Appellant
Versus
The State of Madras – Respondent

Advocates:
K.S. Ramamurthi for Messrs. King and Partridge for Appellant in W.A.No.27 of 1953.
The Advocate-General with V.V. Raghavan for the Government Pleader on behalf of 1st Respondent and M.K. Nambiar, T.T. Srinivasan, and A.N. Rangaswami for 2nd Respondent in W.A.No.27 of 1953.
K.V. Venkatasubramania Ayyar and E.A. Viswanathan for Appellant in W.A. No.28 of 1953.
The Advocate-General with V. V. Raghavan for the Government Pleader on behalf of 1st Respondent and K. Bashyam and C. Srinivasachari for 2nd Respondent in W.A.No.28 of 1953.
G.T. Ramanujachari for Appellant in W.A.No.46 of 1953.
V. Krishnamachari for 1st Respondent and the Advocate-General with V.V. Raghavan for the Government Pleader on behalf of 2nd Respondent in W.A. No. 46 of 1953.

Judgments: Rajamannar, C.J.-

These three appeals involve a common question of law and arise out of applications under Article 226 of the Constitution for the issue of writs of certiorari or for appropriate writs to quash orders made by the Government under section 13 of the Madras Buildings (Lease and Rent Control) Act, 1949, exempting certain buildings from the provisions of the said Act, on the ground that" the said section is inconsistent with Article 14 and therefore void under Article 13 of the Constitution.

Section 13 of the Madras Buildings (Lease and Rent Control) Act; which will hereinafter be referred to as the Act, runs thus:

"Notwithstanding anything contained in this Act, the State Government may, by notification in the Fort St. George Gazette, exempt any building or class of buildings from all or any of the provisions of this Act."

This Act is the latest of a series of Acts and Orders successively passed for the regulation of the lease of buildings and for control of rent in the State of Madras. The legislation dates back to the period of the second World War when a state of emergency prevailed and there was an acute shortage of accommodation. The preamble to the present

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1953 Supreme(Mad) 339

P.V.RAJAMANNAR, PANCHAPAKESA AYYARThe Globe Theatres, Ltd. – AppellantVersusThe State of Madras – Respondent

Cases Referred (1)

P.V.RAJAMANNAR, PANCHAPAKESA AYYAR
The Globe Theatres, Ltd. – Appellant
Versus
The State of Madras – Respondent