Chennai, Apr 30 (UNI) Madras High Court today declared that the inspection carried out by Panchyat union at Kodanadu estate was illegal as the rules framed under Panchayat Act were not followed.
Allowing the writ petitions filed by Kodanadu estate manager, R Ravichandran, Mr Justice K Chandru also set aside a notice issued by Kodanadu panchayat union to demolish a building inside the estate. The judge said in as much as the show cause notice is not based on any credible material and it was clearly illegal and must be set aside.
The judge also quoted from the records that Kodanadu estate management had obtained legal permission for the construction of the building. 'The notice under Rule 34 of the buildings rules emanates from non-application of mind and it is vitiated by bias and deserves to be set aside'the judge said.
However, the judge upheld the Rule 4(1)(D) Of the Tamil Nadu Panchayats Buildings Rules,1997 as Constitutionally valid. It was this rule that the Kodanadu Estate Management had challenged.
According to the petitoner, petition filed under Article 226 of the Constitution of India seeking for issuance of writ of declaration that the alleged inspection claimed to have been made by the District Collector of Nilgiris and other district authorities in the estate by forcible entry, was not authorized or enforceable under the Tamil Nadu Panchayats Act,1994 and the rules framed thereunder.
UNI XR VV MIR VC2132