High court quashes showcause notice against Jayalalithaa

Chennai (PTI): In a legal reprieve to AIADMK chief Jayalalithaa, the Madras High court on Wednesady quashed a showcause notice asking why should action not be taken against her for constructing some structure without permission in the Kodanad estate, jointly owned by her and her friend Sasikala.
Justice K Chandru, allowing the writ petition filed by the estate manager R Ravichandran, said the the showcause notice was not based on any credible material and hence illegal.
He observed that the notice emanated from "non-application" of mind and was "vitiated by bias" and deserved to be set aside.
The petitioner contended that there was an illegal trespass into the estate by certain officials, including the Panchayat President, Village Administrative Officer and Kothagiri Panchayat Union Chairman to conduct an inspection.
Thereafter in a letter to the Chief Minister, the panchayat Union Chairman, who is also DMK General Council member, stated that the present owners had cheated the government by not paying the stamp duty while purchasing the estate and were building a huge bungalow with 90 rooms.
He also requested the government to take action and punish those responsible for the same. Following this, the government notified that the Special Building rules would apply to the Panchayat Union.
The petitioner submitted that the Panchayat President had sent a notice stating that "construction work will have to be started only after getting a building licence in terms of the Tamil Nadu Panchayats Building Rules. But it is clear that you have not obtained any."
Meanwhile, a show cause notice was sent by the Panchayat asking why should the building not be demolished. The petitioner then challenged it in the High Court and sought a declaration to the effect that the inspection was not authorised or enforceable under the Tamil Nadu Panchayat Act, 1994.
Wednesday, April 30, 2008
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