N. K. Palanisamy S/o. Kandhasamy v. District Collector, O/o. The District Collector
2025-04-07
M.SUNDAR, R.N.MANJULA
body2025
DigiLaw.ai
ORDER : M. SUNDAR, J. Subject matter of captioned writ petition is lands comprised in 'S.Nos.170/1 and 170/4 in Uthamasolapuram Village, Veerapandi Taluk, Salem District' [hereinafter 'said lands' for the sake of brevity]. 2. Mr.T.Shanmugam, learned counsel for writ petitioner submits that private respondents R5 (Rajeswari) and R6 (Muthuraja) have encroached upon said lands, writ petitioner has sent a representation dated 16.02.2022, pursuant to writ petitioner's representation, R4 has sent a communication to the writ petitioner being communication bearing reference signed by R4 on 23.03.2022 but there is inaction is learned counsel's further say. 3. All the six respondents have been duly served. Mr.T.K.Saravanan, learned State counsel (Additional Government Pleader for R1 to R4) is before us, private respondents (R5 and R6) have been duly served and their names together with addresses as in the short cause title is duly shown in the cause list but there is no representation either in the physical Court or on the 'VC' ['Videoconferencing'] platform. To be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court. This Court is informed by the Registry that R5 and R6 have not chosen to enter appearance through counsel. 4. Learned State counsel submits that R4, if he finds encroachment or if encroachment is brought to his notice, should act under Section 131(2) of 'Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)' [hereinafter 'said Act' for the sake of convenience and clarity]. 5. The aforementioned communication from R4 to writ petitioner (signed by R4 on 23.03.2022 bearing reference is as follows: 6. A careful perusal of sub-section (2) of Section 131 of said Act brings to light that action under said Section should be initiated either by the Executive Authority or the Commissioner concerned. Both 'Executive Authority' and 'Commissioner' are defined terms, the same having been defined in said Act vide Sections 2(11) and 2(6) respectively. Adverting to Section 85 of said Act, learned State counsel submits that R4 is a Commissioner within the meaning of Section 2(6) of said Act. This aspect of the matter has been dealt with by this Court in and by order dated 09.07.2024 in W.P.Nos.18256, 18259 & 18263 of 2024. Relevant paragraphs are Paragraphs 8 to 15 and the same reads as follows: '8.
This aspect of the matter has been dealt with by this Court in and by order dated 09.07.2024 in W.P.Nos.18256, 18259 & 18263 of 2024. Relevant paragraphs are Paragraphs 8 to 15 and the same reads as follows: '8. We find that I and II impugned notices have been issued under Section 131(2) of 'The Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)' [hereinafter 'said Act'] read with Section 222 thereat. Owing to the nature of submission before us, we deem it appropriate to test if impugned notices have been issued by a competent authority and we do so. We find that Section 131(2) notice under said Act can be issued by two authorities namely 'Executive Authority' or 'Commissioner' and both these terms are defined under said Act, while Executive Authority is defined vide Section 2(11) of the said Act, Commissioner is defined vide Section 2(6) of the said Act. Section 2(11) takes us to Section 83 of the said Act and Section 2(6) takes us to Section 85 of the said Act. 9. Section 131(2) reads as below : '131. Prohibition against obstructions in or over public roads etc. (2) It shall be the duty of the Village Administrative Officer of every revenue village to report on encroachments on properties vested in Village Panchayats or Panchayat Union Councils to the Executive Authority or the Commissioner concerned and to the officer of the Revenue Department, and it shall be the duty of the Executive Authority or the Commissioner concerned either suo motu or on obtaining a report from the Village Administrative Officer in this regard to institute proceedings under this Act and secure the removal of the encroachments within such time as may be specified by the Government by general or special order. If the removal of the encroachments has not been secured within the period specified in such order, the officers of the Revenue Department shall institute proceedings under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) and secure such removal.' 10. Section 222 reads as below : '222.
If the removal of the encroachments has not been secured within the period specified in such order, the officers of the Revenue Department shall institute proceedings under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) and secure such removal.' 10. Section 222 reads as below : '222. Time for complying with notice, order etc., and power to enforce in default : (1) Whenever by any notice, requisition or order under this Act, or under any rule, bye-law or regulation made thereunder, any person is required to execute any work, to take any measures or to do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measure taken or the thing done. (2) If such notice, requisition or order is not complied with within the time so named :- (a) the Executive Authority of the Village Panchayat or the Commissioner or the Secretary or the Collector, as the case may be, may cause such work to be executed, or may take any measure or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order, and (b) if no penalty has been specially provided in this Act for failure to comply with such notice, requisition or order, the said person shall be punishable with fine not exceeding fifty rupees for every such offence.' 11. Section 2(11) reads as below: '2(11) " Executive Authority " means a person notified as such by the Government under Section 83;' 12. Section 2(6) reads as below: '2(6) " Commissioner " means the Commissioner of a Panchayat Union;' 13. Section 83 reads as below : ' 83. Executive Authority of Village Panchayat :- 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.' 14. Section 85 reads as below : ' 85. Commissioner :- (1) A Commissioner shall be appointed by the Government in the case of each Panchayat Union Council. Such Commissioner shall ordinarily be the Development Officer appointed in pursuance of the National Extension Service Scheme of Community Development for the Panchayat Development Block.
Section 85 reads as below : ' 85. Commissioner :- (1) A Commissioner shall be appointed by the Government in the case of each Panchayat Union Council. Such Commissioner shall ordinarily be the Development Officer appointed in pursuance of the National Extension Service Scheme of Community Development for the Panchayat Development Block. (2) No recovery shall be made from the Panchayat Union Council towards the salary and allowances paid to any Commissioner or towards his leave allowances, pension and Provident Fund. (3) The Government shall have power to regulate the method of recruitment, conditions of service, pay and allowances and discipline and conduct of the Commissioner appointed under sub-section (1). (4) The Commissioner shall :- (a) have the right to attend the meetings of the Panchayat Union Council or of any committee thereof and take part in the discussions thereat, but without the right to move any resolution or to vote; (b) attend any meeting of the Panchayat Union Council or of any Committee thereof if required to do so by the Chairman; (c) carry into effect the resolutions of the Panchayat Union Council; (d) furnish to the Panchayat Union Council such periodical reports regarding the progress made in carrying out resolutions of that body and in the collection of taxes as the council may direct; (e) control all the officers and servants of the Panchayat Union Council; (f) perform all the duties specifically imposed and exercise all the powers conferred on the Commissioner by this Act and subject, whenever it is hereinafter expressly so provided, to the sanction of the Panchayat Union Council and subject also to all other restrictions, limitations and conditions hereinafter imposed, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfilment of the purposes of this Act.
(5) Notwithstanding anything contained in sub-section (2) of Section 16 and subject to all other provisions of this Act and the rules made thereunder, the Panchayat Union Council shall have power to issue such specific directions as it may think fit regarding the performance by the Commissioner of any of the functions assigned to him under this Act; Provided that where such directions relate to any National Extension Service Scheme of Community Development or any other scheme specially entrusted by the Government to the Panchayat Union Council, the directions issued by the council shall be in conformity with the terms and conditions of such entrustment. (6) Subject to any directions given or restrictions imposed by the Government or the Panchayat Union Council, the Commissioner may, by an order in writing, delegate any of his functions to any officer or servant of the Panchayat Union Council or to any servant of the Government. The exercise or discharge of any functions so delegated shall be subject to such restrictions, limitations and conditions as may be laid down by the Commissioner and shall also be subject to his control and revision.' 15. A careful and conjoint reading of the above provisions make it clear that the third respondent qualifies as a Commissioner, is learned State counsel's say. ' 7. In the light of the narrative thus far, it is now for R4 to initiate a drill under Section 131(2) of said Act. This Court is of the view that R4 will do well to commence the drill as expeditiously as the business of R4 would permit but in any event within eight weeks from today i.e., on or before 02.06.2025. For the sake of convenience of all concerned, we deem it appropriate to extract and reproduce sub-section (2) of Section 131 of said Act, which reads as follows: '' 131. Prohibition against obstructions in or over public roads, etc., (1) .... (a) ...... (b) ...... (c) ...... (d) ...... (f) .......
For the sake of convenience of all concerned, we deem it appropriate to extract and reproduce sub-section (2) of Section 131 of said Act, which reads as follows: '' 131. Prohibition against obstructions in or over public roads, etc., (1) .... (a) ...... (b) ...... (c) ...... (d) ...... (f) ....... (2) It shall be the duty of the Village Administrative Officer of every revenue village to report on encroachments on properties vested in Village Panchayats or Panchayat Union Councils to the Executive Authority or the Commissioner concerned and to the officer of the Revenue Department, and [it shall be the duty of the Executive Authority or the Commissioner concerned either suo motto or on obtaining a report from the Village Administrative Officer in this regard to institute proceedings under this Act] and secure the removal of the encroachments within such time as may be specified by the Government by general or special order. If the removal of the encroachments has not been secured within the period specified in such order, the officers of the Revenue Department shall institute proceedings under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) and secure such removal.' 8. The mandamus prayer is answered in the afoesaid manner and it gives a closure to the captioned writ petition. Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs.