Madras High CourtWP(MD)/18828/2013closed

Mass Education And Action v. The Chief Secretary To The

2016-06-09Honourable The Chief Justice,Honourable Mr Justice Nooty.Ramamohana Rao3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO W.P(MD)No.18828 of 2013 and M.P(MD)No.1 of 2015 Mass Education and Action for Rural Development Society, represented by its President, R.Thangaraja, 12-2-18A1, Venkateswara Bhavan, Pandian Nagar, Kariapatti - 626 106.

Virudhunagar District.

: Petitioner Vs.

1.The Chief Secretary to the Government of Tamil Nadu, 2.The Secretary, Ministry of Revenue, 3.The Secretary, Ministry of Law and Justice, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration for declaring Section 29-A of the Tamil Nadu Amendment Act, 1 of 1990, in Hindu Succession Act, 1956, as null and void as it violates

the fundamental right and Central Act, 2005.

For Petitioner : Mr.V.Muniasamy For Respondents : Mr.B.Pugalendhi Special Government Pleader

O R D E R

********** [Order of the Court was made by The Hon'ble The Chief Justice] We fail to appreciate the intention of a so-called public interested society to file the Writ Petition claiming that it wants to propagate and further the rights of women in inheritance. To give equal rights to women in co-parcenary properties, different States introduced State Legislations, amending Section 29 of the Hindu Succession Act, 1956. However, subsequently, the Central Act itself was amended with effect from 09.09.2005, giving parity to all women by birth.

2. It is the case of the petitioner that a learned Single Judge of this Court in the decision in Ms.Jothi v. Kumaravel reported in (2007) 3 MLJ 64, has enunciated the legal position. But, it is submitted before us, because the learned Trial Court went wrong in that matter, in an order, which was set aside by the High Court, further enunciation is required.

3. We find, the Writ Petition is without any purpose whatsoever. Hence, we close the same. Consequently, the connected miscellaneous petition is also closed. No costs. Sd/ Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Chief Secretary to the Government of Tamil Nadu, 2.The Secretary, Ministry of Revenue,

3.The Secretary, Ministry of Law and Justice, +1cc to Mr.V.Muniasamy, Advocate in sR.No.29207 +1cc to Special Government Pleader in SR.No.29442 SDR/DB/27.06.2016/3P/6C ORDER MADE IN W.P(MD)No.18828 of 2013 and M.P(MD)No.1 of 2015 09.06.2016