S. KANDASWAMY CHETTIAR versus STATE OF TAMIL NADU AND ANR.

S. KANDASWAMY CHETTIAR versus STATE OF TAMIL NADU AND ANR.

Section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, conferring power to grant exemptions, does not suffer from excessive delegation and is not violative of Article 14 as there is sufficient legislative guidance; the classification of buildings owned by Hindu, Christian, and Muslim religious public...

Source-derived case information.

Parties
Petitioner: S. Kandaswamy Chettiar; Respondent: State of Tamil Nadu; Respondent: another respondent (Trusts and landlords)
Jurisdiction
India
Judgment Date
12 December 1984
Procedural Posture
Writ Petitions and Civil Appeals by Special Leave / Final Judgment
Outcome
writ petitions and civil appeals dismissed
Legal Topics
Excessive Delegation, Article 14 of the Constitution, Classification, Rent Control Exemptions
Constitutional Law Property Law Rent Control Excessive Delegation Article 14 of the Constitution Classification Rent Control Exemptions

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Parties

S. Kandaswamy Chettiar

Petitioner

State of Tamil Nadu

Respondent

another respondent (Trusts and landlords)

Respondent

Procedural Posture

Writ Petitions and Civil Appeals by Special Leave / Final Judgment

Legal Issues

  1. 1 Whether Section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 suffers from excessive delegation and is violative of Article 14 of the Constitution
  2. 2 Whether the Notification granting total exemption to buildings owned by Hindu, Christian, and Muslim religious public trusts and public charitable trusts violates Article 14 by being discriminatory
  3. 3 Whether total exemption is excessive, unwarranted, and unsupportable where partial exemption would have sufficed

Ratio Decidendi

Section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, conferring power to grant exemptions, does not suffer from excessive delegation and is not violative of Article 14 as there is sufficient legislative guidance; the classification of buildings owned by Hindu, Christian, and Muslim religious public trusts and public charitable trusts for exemption is intelligible and has a rational nexus with the object of the Act; total exemption is justified and not excessive in the circumstances.

Court Disposition

writ petitions and civil appeals dismissed

Orders

  • All interim orders, if any, are vacated.
  • There will be no order as to costs.