Panchayat presidents could act as executive authorities: Madras HC
Madurai Bench of Madras High Court has ruled that a village panchayat president is authorised to act as Executive Authority and could issue notices to land encroachers.
By PTI |
MADURAI: Madurai Bench of Madras High Court has ruled that a village panchayat president is authorised to act as "Executive Authority" under the Tamil Nadu Panchayats Act 1994 and could issue notices to land encroachers.
A bench comprising Justice Ibrahim Kalifullah and Justice S Palanivelu said panchyat presidents were entitled to issue notice to land encroachers as executive authorities, though they cannot forcibly take possession of the properties.
If the president was unable to secure the property despite issuing the notice, the issue should be taken up with the Revenue Department for further action under the Tamil Nadu Land Encroachment Act 1905, the division bench said.
Dismissing a writ petition challenging a notice issued by the president of the Edayakottai panchayat in Dindigul district, the bench said the government pleaders who appeared in similar cases might not have brought to the notice of the court the existence of a 1996 government order, which empowered the presidents to act as executive authorities.
Otherwise, the observations in those cases would have been different. The petitioner relied upon two recent decisions which had held that the elected panchayat presidents could not enjoy the executive powers.
The Judges said the petitioner was free to make use of the remedies avaliable under Panchyats Act, which state that the inspector of panchayat could decide on the legality of a notice issued by the executive authority.
A bench comprising Justice Ibrahim Kalifullah and Justice S Palanivelu said panchyat presidents were entitled to issue notice to land encroachers as executive authorities, though they cannot forcibly take possession of the properties.
If the president was unable to secure the property despite issuing the notice, the issue should be taken up with the Revenue Department for further action under the Tamil Nadu Land Encroachment Act 1905, the division bench said.
Dismissing a writ petition challenging a notice issued by the president of the Edayakottai panchayat in Dindigul district, the bench said the government pleaders who appeared in similar cases might not have brought to the notice of the court the existence of a 1996 government order, which empowered the presidents to act as executive authorities.
Otherwise, the observations in those cases would have been different. The petitioner relied upon two recent decisions which had held that the elected panchayat presidents could not enjoy the executive powers.
The Judges said the petitioner was free to make use of the remedies avaliable under Panchyats Act, which state that the inspector of panchayat could decide on the legality of a notice issued by the executive authority.
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