RAPHAEL Vs. S CHELLAPPAN EXECUTIVE OFFICER

JUDGEMENT

(1.) THE plaintiff in O. S. No. 267 of 1980 on the file of the District Munsif, Padmanabhapuram, filed I. A. No. 660 of 1981 for impleading the Karungal Town Panchayat as the second defendant in the suit. This was objected to by the defendant in the suit who is the Executive Officer of the Karungal Town Panchayat on the ground that notice under section 170 of the Tamil Nadu Panchayats Act (XXXV of 1958) had not been given before the institution of the suit and as such the second defendant cannot be impleaded. THE District Munsif holding that a notice under section 170 of the said Act ought to have been given before instituting the suit dismissed the application. It is as against this order, the present revision petition has been filed by the plaintiff.

(2.) SECTION 170 of the Tamil Nadu Panchayats Act deals with notice of action against Panchayat, etc. This, according to the learned counsel appearing for the petitioner can be invoked only in cases where compensation is claimed against the Panchayat, Mr. Selvaraj, the learned counsel appearing for the respondent, correctly brougtht to my notice the decision reported in Panchayat Union Council v. C. Thirupathy1, wherein it has been held that section 170 will be applicable only in cases where compensation is claimed against the Panchayat. It is also clear from section 173 which reads at follows: