V BALAMURUGAN Vs. DISTRICT COLLECTOR VIRUDHUNAGAR

JUDGEMENT

(1.) LEARNED Special Government Pleader takes notice on behalf of the respondents. By the consent of counsel on either side, the writ petition itself is taken up for disposal at the admission stage.

(2.) THIS writ petition is directed against the order dated 01.02.2007, passed by the second respondent, who is the elected president of the Vachakaranpatti Village Panchayat in the local body elections held on 13.10.2006, with regard to removal of the petitioner's Aavin Milk Shop situated in a portion of the land in Survey No.156, which is classified as road poramboke, within a period of two days.

(3.) CONSIDERING the facts and circumstances of the case and the grounds raised attacking the impugned order, we went through the relevant provisions of the Tamil Nadu Panchayats Act, 1994 (in short "the Act"). Chapter-V of the Act deals with the powers and duties of the Executive Authority. As per Section 83 of the Act, the Government may, by notification, appoint any person, who shall, subject to such rules as may be prescribed, exercise the powers and perform the functions of the executive authority of a village panchayat. Section 84 of the Act contemplates the functions of executive authority. The executive authority shall carry into effect the resolutions of the village panchayat, control all the officers and servants of the village panchayat and discharge all the duties specifically imposed and exercise all the powers conferred on him and subject to all restrictions and conditions imposed, by or under the Act, exercise the executive power for the purpose of carrying out the provisions of the Act and he is directly responsible for the due fulfilment of the purposes thereof.