Writ Petitions, WP 21340 and 21347/2021, challenging the Constitutional validity of Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants

Writ Petitions, WP 21340 and 21347/2021, challenging the Constitutional validity of Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 came up for hearing on 21.10.2021 before the First Bench of the Hon’ble High Court of Judicature at Madras. The Writ Petitions were preferred by tenants against whom their landlords have filed cases for eviction for not holding a written tenancy agreement.

Petitioner’s Counsel, Mr. P.V.S. Giridhar submitted detailed arguments on whether the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 – State Act falls in the List-III of the Seventh Schedule of the Constitution and the necessity of the State Act to receive the Presidential assent. He further submitted that the State Act was repugnant to the provisions of Transfer of Property Act and other Central Acts.

Upon hearing his arguments and based on the undertaking given by the landlords that they will not evict the petitioning tenants until the disposal of the Writ Petition, the Chief Justice Bench ordered that the petitioning tenants shall not be evicted without the prior leave of the Court.

The matter is posted to 10.11.2021 for the State Government to file their counter Affidavit.

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