29 of the Act whereby the State Government exempted the buildings A belonging to all Co operative Societies in the State of Tamil Nadu from all the provisions of the Act.
T. M. Sampat and P. N. Ramnalingam for the Petitioners in W. P. No.
On the issuance of this Notification respondent No.
Anil Devan, K. S. Ramamurthy, V. M. Tarkunde, M. K. D. Namboodry and S. BalaKrishnan for the respondents in W. P. Nos.
2 Withdrew its eviction petitions preferred on the ground of demolition and new companystruction and served numberices upon the petitioners under sec.
106 of the Transfer of Property Act terminating their tenancies and filed civil suits against them in the City Civil Court, Madras for recovery of vacant possession of the premises in their respective occupation.
295/80.
The petitioners are tenants in different portions on the ground floor of the building bearing Door No.
188, Mount Road, Madras belonging to second respondent which is an Apex Society registered under the Tamil Nadu Co operative Societies Act, 1961.
The petitioners have filed their written statements and suits are awaiting trial.
As was done in the earlier case dealing with the total exemption granted in favour of all buildings belonging to public religious trusts and public charities, here also Counsel for the petitioners fairly stated that treating the buildings owned by all the Co operative Societies in the State of Tamil Nadu as falling into one group while exercising the power under sec.
The impugned Notification dated 21st November, 1976 runs thus No.
It appears that the property was purchased in 1961 by the second respondent from its previous owners M s. Mohammed Ibrahim and Company, and soon thereafter the second respondent applied to the State Government under sec.
II 2 H.O. 6060176 In exercise of the powers companyferred by Sec.
But since the protection available to them has been withdrawn the petitioners arc facing the imminent prospect of suffering eviction decrees against them and therefore, have approached this Court by means of these writ petitions challenging the companystitutional validity of the Notification in question of the ground that the same is violative of Art.
ORIGINAL JURISDICTION W. P. NO.
Respondent No 2 thereupon made two attempts to evict the petitioners from their respective premises.
14 of the Constitution and have obtained stay of further proceedings in the suits.
29 of the Act and sought exemption for it from all the provisions of the Act But on hearing the objections raised by the petitioners and other tenants the application was rejected.
2 failed to obtain possession the second was on the ground that it required the premises for demolition and new companystruction and it was during the tendency of this litigation that the State Government issued its Notification No.
32 of the Constitution the petitioners, who are tenants in a building belonging to respondent No.
29 of the Tamil Nadu Buildings Lease and Rent Control Act 1960 Tamil Nadu Act 18 of 1960 , the Government of Tamil Nadu hereby exempts the.
buildings owned by all Government Undertakings including Government Companies registered under the Indian Companies Act 1956 Central Act I of 1956 and by all the Co operative Societies from all the provisions of the said Act.
29 thereof.
The facts giving rise to the aforesid challenge lie in a narrow companypass.
The first was on the ground that the premises are required by it for its own occupation but at the end of a long drawn out litigation respondent No.
II 2 H.O. 6060/76 dated 21.11 1976 under sec.
893 967 of 1979 and W. P. No 295 of 1980.
893 and 967 of 1979 and W. P. No, 295 of 1980 Under Article 32 of the Constitution of India Dr. Y. S. Chitale, and Vineet Kumar for the petitioners m W. P. NOS.
823 967 of 1979.
The Judgment of the Court was delivered by TULZAPURKAR, J. By these three writ petitions filed under Art.
2 Society, have challenged the validity of the exemption granted to all buildings owned by all Co operative Societies in the State of Tamil Nadu from all the provisions of the T. N. Act 18 of 1960 under sec.
