A GIRIDARI LAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant is an auctioneer for Madras city and Chingleput district in the State of Tamil Nadu under the provisions of Tamil Nadu Pawn Brokers Act, 1943, (hereinafter called the 'act'). The procedure prescribed by Rule 12 (7) (v) relating to auctioning of pawned articles (movables) if not redeemed before its amendment, stood as under: "the auctioneer shall send a copy of the printed catalogue by registered post to the pawner at least a week before the date fixed for the sale. "

(2.) The Rule 12 (7) (v) after its amendment, stood as under: "the auctioneer shall send a copy of the printed catalogue by registered post acknowledgement due to the pawner to his last known address at least fifteen days before the sale. If the notice so sent is returned undelivered for some reason or the other, a copy of the catalogue should be served by affixture on a conspicuous place of the house of the pawner in which he is known to reside, or to have last resided or carried on business or personally worked for gain, the auctioneer should also make arrangement to proclaim the contents of the printed catalogue by beat of drum or other customary mode. A certificate of such affixture and of such proclamation should be obtained from the Village Administrative Officer of the village. In respect of Madras city, the certificate should be obtained either from Karnam or from the Village Administrative Officer, as the case may be. In respect of Kanyakumari district and Shencottah Taluk of the Tirunelveli distt. The certificate should be obtained either from the Village Officer or from the Village Assistant or from the Village Administrative Officer, as the case may be. "

(3.) The appellant challenged the validity of amended Rule 12 (7) (v) extracted above on the ground of its unreasonableness and being violative of Articles 19 and 21 of the Constitution of India. A learned Single Judge of the Madras High Court struck down the Rule as being repugnant to Articles 19 and 21 of the Constitution insofar as it related to affixture, proclamation and obtaining of certificate.