PANCHAYAT BOARD, VETTUVAKOTTAI Vs. V. LAKSHMANAN

JUDGEMENT

(1.) ON the short ground that the appellant -panchayat did not conform to the statutory prescription as laid down in Notification No. 33 made under the powers of the rule making authority under sub -sections (2), (4) and (5) of Section 86 of the Tamil Nadu Panchayats Act, 1958, the absolute rule issued by Ramakrishnan, J. has to be assented to.

(2.) THE short facts are - the appellant -panchayat admittedly wanted to utilise a grazing poramboke for the purpose of planting fruit bearing trees thereon and also for the purpose of raising fodder for the cattle which fodder could be marketed later by resale to the owners of such cattle in the Panchayat. While passing this resolution, the Panchayat did not follow the prescriptions in notification No. 33 with which we shall presently refer to. One of the residents of the village filed the present writ petition seeking to quash the orders of the District Collector of Tanjoore dated 1 -8 -1963 who in turn confirmed the order of the Revenue Divisional Officer, who approved of the change of user in the admitted poramboke land which vested in the Panchayat. In the counter -affidavit it is said that the Revenue Division Officer on inspection and enquiry found that no appreciable number of cattle grazed on the land in question and that therefore it would be in the interest of the generality of the community to have coconut seedlings planted on this poramboke land and the ultimate usufruct realised therefrom be utilised for the community. He also incidentally pointed out that in the available space fodder also could be grown and it could be marketed and the cattle which are deprived of the use of the grazing ground by reason of the change over might get the benefit of such fodder raised on the reclaimed land by their own owners purchasing it on the open market.

(3.) IT is by now well -settled that a statutory body functioning under an enactment should conform to the rules and regulations prescribed therein and shall not in any manner violate the same and through such violation bring about a situation compelling others to abide by it and the resultants therefrom. Under Section 86 (2) of the Tamil Nadu Panchayats Act, grazing grounds are classified as porambokes and they are to vest in the panchayat. The panchayat has no doubt the power to regulate the use of such porambokes. But such regulation, however, is subject to such restrictions and control as may be prescribed. Under Section 86 (5) a Panchayat, has again the power to plant trees on any poramboke which obviously includes the grazing ground as well. But here again their activity is subject to such restrictions and control as may be prescribed. Notification No. 33 prescribes such restrictions and controls. Sub -clause (2) of Notification No. 33 issued by the rule making authority with particular reference to Section 86 (2) and (5) runs as follows: -