CHENNAI: A single-judge order, invalidating a G.O. that seeks to shift power to approve layouts and sites for buildings from local civic officials to elected panchayat presidents, has been stayed by a Division Bench of the Madras High Court.

The First Bench, comprising Chief Justice A.P. Shah and Justice Prabha Sridevan, was passing orders on a writ appeal preferred by S.V. Thirumalai, All India Anna Dravida Munnetra Kazhagam (AIADMK) president of the Senneerkuppam panchayat, challenging Section 2(e) of the Tamil Nadu Panchayat Building Rules and a single-judge order quashing the provision.

`Rule illegal'

A single judge of the court, in November 2004, held that the rule was illegal because vesting the executive authority to grant approval of layouts and buildings with panchayat presidents would "lead to arbitrary exercise of power" and that there would be chaos in the regime.

K. Chandru, senior counsel for Mr. Thirumalai, assailed the order on the ground that once the court considered that the Government was competent enough to pass such a regulation, it ought to have dismissed the writ petition.

Pointing out that the panchayat president must give approval only after getting concurrence from the Director of Town and Country Planning officials, senior counsel submitted that the objective consideration and technical duties in the matter still vested with the executive authorities. In his petition, Mr. Thirumalai said he had come to know about the single- judge order when he had filed a writ petition challenging an order of the Member-Secretary of the Chennai Metropolitan Development Authority (CMDA).

Since the Government had not challenged the single-judge order it had become final, he said, adding, "that order stands in the way of my rights and hence I am obliged to challenge it."

He said the impugned order was "contrary to law and beyond the scope of judicial review."

The original petitioner had no locus standi to agitate the issue, he said, adding that there was no violation or law or constitutional provisions in legislating the Tamil Nadu Panchayat Buildings Rules 1997.

Claiming that his powers as an elected president of a panchayat had been jeopardised, he prayed for the overruling of the single-judge order.

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