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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
S.Vajravelu – Appellant
Versus
The President – Respondent
| Table of Content |
|---|
| 1. challenge to show cause notice under tanks act (Para 1) |
| 2. jurisdiction of panchayat president questioned (Para 2 , 3) |
| 3. relevant sections of tanks act outlined (Para 4 , 6 , 7) |
| 4. competent authorities defined and notice deemed invalid (Para 8) |
| 5. directions for action within 12 weeks (Para 9) |
O R D E R
[Made by S.M.SUBRAMANIAM, J., The writ on hand has been instituted challenging the show cause notice dated 18.08.2022 issued by the President, Nedunkundram Panchayat, Kattankulathur, Chengalpet District. The Panchayat Administration identified encroachment in the water body. The Panchayat President issued a show cause notice by invoking the provisions of “the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)” {hereinafter “Tanks Act” for the sake of brevity}.
2. The learned counsel for the petitioner would submit that the Panchayat President is not the competent authority having jurisdiction to issue such a notice under the provisions of Tanks Act and therefore, the impugned notice is without authority of law and is liable to be set aside.
3. The learned Additional Government Pleader would oppose by stating that the Pancha
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