Per K. RAVIRAJA PANDIAN, J.

The petitioner has put in issue the notice, dated 1.11.2008, issued by the respondent, the Panchayat President of Pirampavayal, specifically involving Section 7 of the Tamil Nadu Land Encroachment Act and directing the petitioner to vacate from the alleged encroachment Survey Nos. 113/8, 112, 109, 108, 111, 110/15, 95/38 and 107/9 in Vediyangudi and give vacant possession of the land.

2. The learned counsel appearing for the petitioner submits that the president of the panchayat cannot, by any stretch of imagination, invoke the provisions of the Tamil Nadu Land Encroachment Act, 1905 (in short "the Act") and issue notice under Section 7 of the Act, such notices can be issued only by the authorities contemplated under the statutory provisions in the Act. He would further submit that the said provision does not empower panchayat presidents, even in the capacity of the Executive Authority of Panchayats, to issue any notice under the Act. Apart from that, according to the learned counsel, president of a panchayat is elected as per the provisions contained in the Tamil Nadu Panchayats Act and therefore he could exercise powers only under the said Act and n