B JOTHI NAIDU Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) WRIT Petition praying to issue a Writ of Declaration declaring the Tamil Nadu Panchayat Buildings Rules, 1997 made under the Tamil Nadu Panchayats Act, 1994 and more specifically Section 2 (e) as invalid, illegal and unconstitutional insofar as the petitioner is concerned.

(2.) THE case of the petitioner is that she is the Chairman of Tiruttani Panchayat Union. The Tamilnadu Government have recently framed Tamilnadu Panchayat Buildings Rules 1997 said to be in exercise of the powers conferred by Clause xxxiii of Sub Section (2) of Section 242 of the TN Panchayats Act, 1994 and the same supersedes the T. N. Panchayat Buildings Rules, 1970 made under the T. N. Panchayats Act, 1958. The said rules are liable to be struck down since the very scheme and formulation of the Act, particularly the vesting of the power for the approval of layouts and sites for buildings and huts with the President of the village Panchayat will affect the general public and has been passed hurriedly without any application of mind and creates chaos and confusion in the matter of regulation and granting of approvals for layouts and plans for buildings and huts at the village levels.

(3.) IT is further submitted that with respect to the grant of approval of the layouts and sites for buildings and huts, the Executive Authority is the sanctioning authority and the Executive Authority is the person who has been vested with all the powers to regulate the grant of permission to building plans to the panchayat level and is the person who has to manage all the affairs arising out of the same. The Presidents of the village panchayats have been designated as the Executive Authority and they are vested with the powers of the Executive Authority as per the scheme and frame work of the rules. Citing Section 2 (3), the petitioner would submit that in respect of Village Panchayats, the Commissioner of the Panchayat Union was the Executive Authority and the same is now sought to be shifted from the Commissioner of the Panchayat Union to the President of the Village Panchayat. Section 242 of the Act would make it clear that the present rules as have been framed are beyond the rule making competence of the government, more particularly, sub-clause xxxiii of clause (2) from which the power is said to be derived for the making of the rules. The said rules are sought to be given effect to immediately and the first respondent in G. O. Ms. No. 255 dated 18. 8. 1997 has notified that the rules will be published in the Tamilnadu Government Gazette and has also directed all the District Collectors to communicate the implementation of the rules to all the Executive Authorities and local bodies in the respective Districts.