Govt appoints president of village Panchayats to perform function of executive authority.

S. PALANIVELU, J.

This writ petition has been filed, praying for issuance of a writ certiorari, to call for the records relating to the impugned order of the respondent, dated 17.9.2007, whereby the petitioner was directed to vacate the property in S. No. 646/70, Edayakottai Village, Oddanchathiram Taluk, Dindigul District, within seven days, and to quash the same.

2. According to the petitioner, he is a resident of Edayakottai Village, Oddanchathiram Taluk, Dindigul District; his father one S.P. Govindan Chettiar purchased one cent of land comprised in Survey No. 646/70 by means of a registered sale deed, dated 21.10.1970; after his father's lifetime, he is in possession of the property; he has put up a grocery shop therein, got the electricity connection and, for the past 37 years, he is in possession and enjoyment of the property, by paying property tax, house tax and professional tax.

3. It is the further case of the petitioner that Patta Updating Scheme was launched in the year 1985, wherein the above survey number was wrongly classified as “Santhai” and, hence, a cloud was cast on the holding as if the property belonged to the Panchayat.

4. The respondent issued a notice on 17.9.2007 to the petitioner, stating that he has encroached the property belonging to Edayakottai Panchayat; in spite of previous intimation, the same was not removed and that the said encroachment should be removed within seven days from the date of receipt of the communication.

5. The backbone contention of the petitioner is that the respondent, who is the President of Edayakottai Panchayat, is not at all competent nor a statutory authority under any law, and he has no power to issue the impugned notice, which discloses his predetermined mind to evict the petitioner by hook or crook, without affording sufficient opportunity, violating the principles of natural justice. It is his further contention that the conduct of the respondent in not issuing a prior notice to the impugned letter, as per the prescribed settled procedure, is bad in law.

6. The crucial point to be decided in this matter is, whether the President of a Village Panchayat is legally competent to issue notice for removal of the encroachment and consequently whether he can physically dispossess the encroacher as per law.

7. Before adverting to the settled and illuminating legal propositions on the subject, it is profitable to extract herein the provision, which enables the authority concerned, to initiate the proceedings against an encroacher, to secure removal.

8. Section 131(2) of The Tamil Nadu Panchayats Act,1994, (in short, ‘the Act‘), reads thus:

“ 131. Prohibition against obstructions in or over public roads, etc.-

(1) xxxx

(2) It shall be the duty of the Village Administrative Officer of every revenue village to report on encroachments on properties vested in village panchayats or panchayat union councils to the executive authority or the commissioner concerned and to the officer of the Revenue Department, and it shall be the duty of the executive authority or the commissioner concerned either suo motu or on obtaining a report from the Village Administrative Officer in this regard to institute proceedings under this Act and secure the removal of the encroachments within such time as may be specified by the Government by general or special order. If the removal of the encroachments has not been secured within the period specified in such order, the officers of the Revenue Department shall institute proceedings under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1995) and secure such removal.”

9. As per the above said provision, the executive authority or the commissioner, as may be, upon a report of the Village Administrative Officer concerned as to the encroachments or suo motu can initiate proceedings under this Act, for removal of encroachments and, if the said authority finds it impossible to get the encroachments removed, then, the Revenue Department will come i