N MUTHUSWAMI NAIDU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is filed by a tenant against the order of Ramanujam, J., dismissing his petition for the issue of a writ of certiorari calling for the records in G.O, Ms. No. 1998, Home dated 12th August, 1974 and to quash the same.

(2.) The appellant is the tenant of shops bearing Door Nos. 100, 101, 101-A, B and E belonging to the second respondent, Sri Swami Nellaiappar Sri Kanthimathi Ambal Devasthanam, through its Executive Officer, Tirunelveli, The second respondent Devasthanam issued notices to certain tenants including the appellant terminating their tenancies and filed suits for eviction. It was the contention of the tenants that the impugned Government Order, G.O, Ms. No. 1998, Home dated 12th August, 1974, which was issued under Section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, (Tamil Nadu Act XVIII of 1960) exempting all buildings owned by the Hindu Christian and Muslim Religious Trusts and Charitable institutions from all the provisions of the Act, was not valid.

(3.) The contentions before the learned Judge were: