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1962 Supreme(Mad) 274

S.RAMACHANDRA.IYER, KUNHAMED KUTTI
J. D. Nichani – Appellant
Versus
State of Madras represented by its Secretary Department of Industries, Labour and Co-operation – Respondent


Advocates Appeared:
R. Gopalaswami Iyengar, W.S. Venkataramanujulu, P.V. Subramanian and K.N. Balasubramaniam, for Petitioners; the Advocate General for the Addl. Govt. Pleader, for Respondent.

Judgement

S. RAMACHANDRA IYER, C.J. :- The petitioners in these two petitions are carrying on business as money-lenders in the city of Madras and Salem respectively and they have approached this Court by means of these two petitions under Art. 226 of the Constitution for the issue of a writ of Mandamus or other appropriate writ to direct the State of Madras to forbear from enforcing the provisions of the Madras Money Lenders Act (Madras Act XXVI of 1957) hereafter to be referred to as the Act. In the affidavits filed in support of the petitions the Constitutional validity of the Act and in particular of Ss. 2(6) to (8), 4(3), 10 and 14 of the Act have been challenged, the contention being that they contravene either or both the fundamental rights guaranteed under Arts. 14 and 19(1)(g) of the Constitution.

2. The Act came into force on 16-10-1959 and it forms part of a series of legislative measures enacted by the State legislature to control and regulate the profession of money lending. The preamble to the Act states :

"Whereas it is expedient to make provision for the regulation and control of the business of money-lenders in the State of Madras."

While the preamble might not be usefu



























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