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2017 DIGILAW 3484 (MAD)

G. Surya Kumari v. Government of Tamil Nadu

2017-10-31

M.SUNDAR

body2017
ORDER : M. Sundar, J. 1. Read this order in conjunction with my earlier orders dated 01.09.2017, 11.09.2017, 31.10.2017 and 07.11.2017, all in the aforesaid writ petition. Suffice to say that this writ petition was filed assailing the vires and validity of sub-section 1 of Section 5 of Tamil Nadu Buildings (Lease and Rent Control) Act (Act 18 of 1960) (hereinafter referred to as 'Old Rent Control Act'). Inter alia following a Division Bench of this Court in T.V. Angappan v. State of Tamil Nadu and Ors. reported in 2006-3-L.W. 650, I dismissed the aforesaid writ petition in and by the aforesaid order dated 1.9.2017. 2. After disposal of the writ petition, my attention was drawn to Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017) (hereinafter referred to as 'New Rent Control Act'). 3. I was informed that the new Rent Control Act has come into force and on that basis, I passed the second of the aforesaid order i.e., the order dated 11.09.2017 as an addenda to the first order. 4. Thereafter, it was brought to my notice that the new Rent Control Act was tabled by the Tamil Nadu Legislative Assembly as Bill No. 38 of 2017, assent of the Government received was on 04.08.2017 and even published in the Tamil Nadu Government Gazette on 07.08.2017, but there is some doubt about whether it has been brought into force by notification as adumbrated/mandated in Sub-section (3) of Section 1 of the New Rent Control Act. Though sub-section (3) is most relevant, I deem it appropriate to extract entire Section (1) of the new Rent Control Act, which reads as follows: "1. Short title, extent and commencement-- (1) This Act may be called the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. (2) It shall extent to all urban areas of the State of Tamil Nadu. (3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions of this Act: Provided that the Government may, by notification exclude any area or units or class of buildings from the operation of this Act or any provision thereof." 5. (3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions of this Act: Provided that the Government may, by notification exclude any area or units or class of buildings from the operation of this Act or any provision thereof." 5. Therefore, by order dated 31.10.2017 (extended by order dated 07.11.2017), I kept the order in the aforesaid writ petition i.e., in W.P. No. 7012 of 2005 in abeyance and requested the learned Government Pleader to ascertain the exact position regarding coming into force of the New Rent Control Act and place the same before the Court by way of an affidavit from the concerned Secretary to the Government. 6. Pursuant to my aforesaid request/direction, learned Government Pleader, has, today filed an affidavit dated 10.11.2017 sworn to by the Principal Secretary to Government, Housing and Urban Development Dept. Secretariat, Chennai - 600 009, wherein it comes to light that though the passing of the Bill in the Legislative Assembly and publication in Government Gazette, as aforesaid, have happened, the Government is yet to notify/bring into force the new Rent Control Act as adumbrated/mandated in Section 1(3) of the new Act extracted supra. 7. The relevant paragraph of the aforesaid affidavit is Paragraph 3 and I deem it appropriate to extract the same. Paragraph 3 reads as follows: "3. I further submit that the Government introduced a Bill namely "The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenancy Bill 2017 (LA Bill No. 38 of 2017)" in the Legislative Assembly to repeal the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960) to register and regulate rental agreements between the landlords and tenants on mutually agreed terms and conditions specified in written rental agreements and the same was passed in the Legislative Assembly on 14.7.2017. The said Bill received the assent of the Hon'ble Governor on the 4th August 2017 and the same has been published in Part IV -Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated 7.8.2017 as Tamil Nadu Act 42 of 2017. This department is taking necessary action to frame Rules under the said Act and then bring both said Act and the Rules into force simultaneously. This department is taking necessary action to frame Rules under the said Act and then bring both said Act and the Rules into force simultaneously. The said Tamil Nadu Act 42 of 2017 aims to balance the rights and responsibilities of the landlords and the tenants and provide regulation of the rent as per the contract." (underlining made by me to supply emphasis) 8. In the light of the above stated position of the Government, which has been confirmed in a sworn affidavit, I deem it appropriate to recall my entire order made in W.P. No. 7012 of 2005. I do so for the sake of absolute clarity and to avoid any difficulty in interpretation of my order. 9. Therefore, all the orders made in W.P. No. 7012 of 2005 i.e., orders dated 01.09.2017, 11.09.2017, 31.10.2017 and 07.11.2017 stand recalled. 10. Registry is directed not to treat W.P. No. 7012 of 2005 as a disposed of matter, restore the same to the list of pending cases and list W.P. No. 7012 of 2005 after notification/coming into force of the new Rent Control Act. 11. Orders recalled as aforesaid. I am informed that my order has been reported in Law journals. Therefore, this order of mine dated 13.11.2017, recalling the earlier orders, shall be circulated to all Law journals.