Pacha Gounder & Another v. The Government of Tamil Nadu rep. by its Secretary to Government, Madras & Another
2007-11-23
M.JAICHANDREN
body2007
DigiLaw.ai
Judgment :- 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 in fructuous. No costs.