S. M. MAHENDRU AND COMPANY ETC. versus STATE OF TAMIL NADU AND ANR.

S. M. MAHENDRU AND COMPANY ETC. versus STATE OF TAMIL NADU AND ANR.

The exemption granted to buildings owned by co-operative societies under Notification No. II (2) H.O. 6060/76 is a legitimate exercise of power under section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. This classification is based on statutory restraints on profit and substantial differences from private landlords, and has a clear nexus with the Act's objects. Therefore, the notification is not violative of Article 14.

Parties
Petitioner: S. M. Mahendru and Company etc.; Respondent: State of Tamil Nadu and Anr.
Jurisdiction
India
Judgment Date
12 December 1984
Procedural Posture
Writ Petition (article 32) / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Exemption From Rent Control, Constitutionality of Government Notifications, Article 14 – Equality Before Law, Co Operative Societies, Tamil Nadu Buildings (lease and Rent Control) Act, 1960
Constitutional Law Property Law Administrative Law Exemption From Rent Control Constitutionality of Government Notifications Article 14 – Equality Before Law Co Operative Societies Tamil Nadu Buildings (lease and Rent Control) Act, 1960

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Parties

S. M. Mahendru and Company etc.

Petitioner

State of Tamil Nadu and Anr.

Respondent

Procedural Posture

Writ Petition (article 32) / Final Judgment

Legal Issues

  1. 1 Whether Notification No. II (2) H.O. 6060/76 dated 21st November 1976 exempting buildings owned by co-operative societies from all provisions of Tamil Nadu Act 18 of 1960 violates Article 14 of the Constitution.
  2. 2 Whether there was intelligible differentia and nexus with the Act's objects in granting exemption to co-operative societies.

Ratio Decidendi

The exemption granted to buildings owned by co-operative societies under Notification No. II (2) H.O. 6060/76 is a legitimate exercise of power under section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. This classification is based on statutory restraints on profit and substantial differences from private landlords, and has a clear nexus with the Act's objects. Therefore, the notification is not violative of Article 14.

Court Disposition

Petitions dismissed

Orders

  • Interim orders, if any, are vacated.
  • No order as to costs.