MADESH Vs. COMMISSIONER HOSUR MUNICIPALITY HOSUR

JUDGEMENT

(1.) THIS Writ Petition has been filed for a Writ of Certiorari challenging the notice of the respondent in Na.Ka.No,223/2004/E1, dated 09.01.2004, asking the petitioner to show cause as to why action should not been taken by the respondent, under Section 223 of the Tamil Nadu District Municipalities Act, 1920, with regard to the borewell said to have been dug by the petitioner in his property at Thally main road (Opp. Silk farm), Hosur.

(2.) THE main contention of the learned counsel for the petitioner is that the respondent does not have jurisdiction, under Section 223 of the Tamil Nadu District Municipalities Act, 1920, since the borewell has been in existence for more than 10 years and therefore, it cannot be said to be a new well. THE learned counsel for the petitioner has also submitted that no prior notice has been issued to the petitioner to show that the borewell has been in existence for over 10 years, as claimed by the petitioner.

(3.) THE learned counsel appearing on behalf of the respondent has no objection for this Court passing such an order.