IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.11.2007 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.14587 of 1999 1. Pacha Gounder 2. Thayammal .. Petitioners vs. 1. The Government of Tamil Nadu rep. by its Secretary to Government Revenue Department, Fort St. George, Madras 600 009 2. The Special Tahsildar, (Land Acquisition) Adi Dravida Welfare, Pollachi, Pollachi Taluk Coimbatore District. .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of declaration to declare Section 23-A of the Land Acquisition Act 1894 as amended by the Tamil Nadu Amendment Act, 16/1997 as illegal, unconstitutional as for the petitioners herein are concerned. For petitioners : Mr.K.Kalyanasundaram For respondents : Mr.V.Manoharan Government Advocate O R D E R
Heard Mr.K.Kalyanasundaram the learned counsels appearing for the petitioners and Mr.V.Manoharan, the learned Government Advocate appearing for the respondents.
2. At the stage of the hearing of the writ petition, it is brought to the notice of this Court that the issue involved in the present writ petition is covered by an order of a Division Bench of this Court, in RAJASHERIFF Vs. THE GOVERNMENT OF TAMIL NADU AND ANOTHER (2001 (4) CTC 577).
3. Paragraph 51 of the said order reads as follows:
“51. The new Section 23A, constituting as it does an impermissible in road into the judicial field with the legislature seeking to exercise judicial power, and also being violative of the petitioners’ right to non-arbitrary, non-discriminatory, and equal treatment under the law, the same is liable to be, and is struck down as unconstitutional.”
4. In view of the said decision of the Division Bench of this Court, no further orders are required to be passed in the above writ petition. Hence, the writ petition is dismissed as infructuous. No costs.
lan
To
1. The District Collector,
Tuticorin District, Tuticorin
2. The District Revenue Officer,
Tuticorin District, Tuticorin
3. The Revenue Divisional Officer
Tiruchendur, Tuticorin District
4. The Tahsildar, Tiruchendur Taluk,
Tiruchendur