Sekarreporter: 1 W.A.No.1652 of 2021 and C.M.P.No.10405 of 2021 PUSHPA SATHYANARAYANA,J. AND KRISHNAN RAMASAMY,J. [Order of the Court was made by PUSHPA SATHYANARAYANA, J.] Mr.R.Neelagandan, learned State Government Counsel appearing for the respondents 2 to 4. 2. The challenge in this intra-Court Appeal is to a direction given by the learned Single Judge on 06.07.2021, wherein, during the hearing of the Writ Petitions, a doubt was raised, for which, the learned Government Counsel, who appeared before the Court,

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W.A.No.1652 of 2021
and
C.M.P.No.10405 of 2021
PUSHPA SATHYANARAYANA,J.
AND
KRISHNAN RAMASAMY,J.
[Order of the Court was made by PUSHPA SATHYANARAYANA, J.]
Mr.R.Neelagandan, learned State Government Counsel appearing for
the respondents 2 to 4.
2. The challenge in this intra-Court Appeal is to a direction given by
the learned Single Judge on 06.07.2021, wherein, during the hearing of the
Writ Petitions, a doubt was raised, for which, the learned Government
Counsel, who appeared before the Court, was not ready with the facts.
Therefore, the learned Single Judge had directly questioned and interacted
with the State Tax Officer, the appellant herein, who was present before the
Court. Since the said Officer could not give the correct answer to the
question posed by the learned Single Judge as to whether the general tax
exemption for sale of Intra-Ocular lenses within the State, was granted or
not, the learned Single Judge felt that the Officer was giving evasive
https://www.mhc.tn.gov.in/judis/
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“When the legislative and executive powers are
united in the same person, or in the same body of
Magistrates, there can be no liberty; because
apprehensions may arise, lest the same monarch or
senate should enact tyrannical laws, to execute them in
a tyrannical manner.
Again, there is no liberty, if the judicial power
be not separated from the legislative and executive.
Were it joined with the legislative, the life and liberty
of the subject would be exposed to arbitrary control;
for the judge would be then the legislator. Were it
joined to the executive power, the judge might behave
with violence and oppression.
There would be an end of everything, were the same
man or the same body, whether of the nobles or of the
people, to exercise those three powers, that of enacting
laws, that of executing the public resolutions, and of
trying the causes of individuals.”
(emphasis supplied)
We fully agree with the view expressed above.
Montesquieu’s warning in the passage above quoted is
particularly apt and timely for the Indian Judiciary
today, since very often it is rightly criticised for
“overreach” and encroachment into the domain of the
other two organs.”
7. In view of the above, we are of the opinion that the order of
the learned Single Judge has to be stayed, status-quo ante.
https://www.mhc.tn.gov.in/judis/

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