Posted online: Sunday , November 04, 2007 at 2329 hrs
Madurai, Nov 4 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 decisions which held that the elected panchayat presidents could not enjoy the executive powers.
The Financial Express