VENGAIVASAL VILLAGE PANCHAYAT Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE core question of law that arises in the above appeal, as projected by Mr. K. Chandru, learned senior counsel for the appellant, is "whether the action of the Government, first respondent, in passing the impugned government order, viz. , G. O. (Grade) No. 239, Revenue department, dated 27. 2. 1997, by exercising the power conferred under Board Standing Order 21, reclassifying the public road, which power vests with the appellant/village panchayat (local body) whose vested right, power and jurisdiction are well defined under the provisions of the Tamil Nadu Panchyats Act, 1944, ignoring the concept of Panchayat Raj enabling them to function as institutions of self-government under Article 243g of the Constitution of India, is valid?"

(2.) THE appellant in the appeal is the writ petitioner in W. P. No. 18208 of 1997 filed for issue of a writ of Certiorarified Mandamus to call for the records of the first respondent in G. O. (Grade) No. 239, Revenue department, dated 27. 2. 1997, quash the same and to forbear the respondents from reclassifying the property in Survey Nos. 237 and 238 of Vengaivasal Village from Vandi-patti (cart-track) Poromboke to natham Poromboke and assigning it to Raj Bhavan last grade servants.

(3.) CONCEDEDLY, the appellant/village Panchayat is discharging its rights and duties defined under the provisions of the Tamil Nadu Panchayats act, 1994 (hereinafter referred to as the "act") through the body elected under the provisions of the said Act and the Rules farmed thereunder.