Panchayat presidents can issue notice to encroachers
Mohamed Imranullah S.
Rules Madurai Bench of Madras High Court
MADURAI: A village panchayat president is authorised to perform the functions of the ‘executive authority’ under the Tamil Nadu Panchayats Act, 1994, the Madras High Court has ruled.
A Division Bench, comprising Justices F.M. Ibrahim Kalifulla and S. Palanivelu, said panchayat presidents were entitled to issue notice to land encroachers, but cannot take forcible possession of property.
If the president was unable to secure the property despite issuing notice, the issue should be taken up with the Revenue Department for further action under the Tamil Nadu Land Encroachment Act, 1905.
Petition dismissed
The ruling was passed while dismissing a writ petition challenging a notice issued by the president of the Edayakottai panchayat in Dindigul district.
The petitioner relied upon two recent High Court decisions, which had held that elected presidents of panchayats could not enjoy the powers of the executive authority.
Speaking for the Bench, Mr. Justice Palanivelu said Government pleaders who appeared in those cases might not have brought to the notice of the court the existence of a 1996 government order, which empowered panchayat presidents to act as executive authorities. Otherwise, “the observations in those cases would have been different.”
Delving further, the judges said the petitioner was free to make use of two-tier remedies available under Sections 201, 202 and 219 of the Panchayats Act, which state that the Inspector of Panchayats could decide the legality of a notice issued by the executive authority and the Government could revise the orders passed by the Inspector or the Collector.
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