SARAVANAN Vs. PIRAMPAVAYAL PANCHAYT REP THROUGH ITS

JUDGEMENT

(1.) THE petitioner has put in issue the notice, dated 01.11.2008, issued by the respondent, the Panchayat President of Pirampavayal, specifically involving section 7 of the Tamil Nadu Land Encroachment Act and directing the petitioner to vacate from 110/15, 95/38, and 107/9 in Vediyangudi and give vacant possession of the land.

(2.) THE learned counsel appearing for the petitioner submits that the president of the panchayat cannot, by any stretch of imagination, invoke the provisions of the Tamil Nadu Land Encroachment Act, 1905 (in short "the Act") and issue notice under Section 7 of the Act, such notices can be issued only by the authorities contemplated under the statutory provisions in the Act. He would further submit that the said provision does not empower panchayat presidents, even in the capacity of the Executive Authority of Panchayats, to issue any notice under the Act. Apart from that, according to the learned counsel, president of a panchayat is elected as per the provisions contained in the Tamil Nadu Panchayats Act and therefore he could exercise powers only under the said Act and not by encroaching upon the Tamil Nadu Land Encroachment Act.

(3.) WE are not able to approve the contention of the learned Special Government Pleader. Section 7 of the Tamil Nadu Land Encroachment Act read as follows: "7. Prior notice to person in occupation."Before taking proceedings under Section 6 the Collector or Tahsildar or Deputy Tahsildar or Revenue Inspector or any authoritsed officer or any other office specified by the State Government in this behalf (not being an authoritsed officer) (hereinafter referred to as the 'specified officer") as the case may be shall cause to be served an the person reputed to be in unauthoritsed occupation of the land being the property of Government a notice specifying the land so occupied and calling on him to show cause before a certain date why he should not be proceeded against under Section 6. ""." The above said statutory provision categorically says the persons who are vested with the power to issue notice under the Act.