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Judgment
R. Jayasimha Babu, J.—The order impugned is one issued u/s 217-J of the Tamil Nadu District Municipalities Act, 1920. That Section is
applicable only to lands in hill stations. Petitioner''s contention is that Gudalur was not a hill station not having been notified as such u/s 3(10) of the
Act, which enables the State Government to notify as hill stations places other than those mentioned in Schedule II of the Act. The places
mentioned in Schedule II in the original Act are Ottacamund and Coonoor, both of which are in Nilgiri District. Though Gudalur is also in Nilgiri
District, it is not one of the places mentioned in Schedule II of the Act.
Counsel says that Gudalur was notified as ''hill station'' in the year 1998 Counsel for the Municipality is unable to controvert that. Counsel for the
petitioner referred to the judgment of a learned single Judge of this Court in W.P. No. 15646 of 1995, in which, reference is made to G.O.Ms.
No. 151 of the Municipal Administration Department dated 20.8.1998, under which, Nelliyalam Town Panchayat has been notified and declared
as ''hill station'' besides other places. Counsel says that Gudalur is one of the other places mentioned in that notification.
As the respondents are not in a position to controvert that statement of the petitioner, and have not filed any other notification under which
Gudalur had been declared as hill station prior to the date of the impugned order, the impugned order is set aside. The writ petition is allowed.
Liberty, however, is reserved to the respondents to take action against the petitioner, if there is any cause for the same and in accordance with
law. Consequently, W.M.P. No. 11952 of 1996 is dismissed.