GUNASEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner seeks declaration that Sec. 6 of the Tamil Nadu Land Encroachment Act, 1905 [for brevity, "the Act of 1905"] is void and violates Articles 14, 19(1)(e) and 21 of the Constitution of India.

(2.) Mr.M.Elango, learned counsel for the petitioner, submits that Sec. 6 of the Act of 1905 is arbitrary, discriminatory and unreasonable. Right to shelter is a fundamental right under Article 21 of the Constitution of India. The impugned Sec. 6 of the Act of 1905 takes away the right of residence of the petitioner and other persons.

(3.) Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of the respondents, relies upon the judgment of the Apex Court in the case of Pandia Nadar (supra) and submits that the constitutional validity of the Act of 1905 has been upheld by the Apex Court and it is not open for the petitioner to re-agitate the same.