Judgment · High Court

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 01.03.2012CORAMTHE HONOURABLE MR. JUSTICE VINOD K.SHARMAW.P. No.17175 of 2011C.Muruganandham ... Petitioner Vs. 1 The Secretary to Govt., Govt. of Tamil Nadu, Rural Department, Secretariat, Chennai 9.2 The District Collector, Tiruvarur.3 The Block Development Officer, (Panchayat) Union Office, Tiruvarur.4 D.Chitra5 A.Deva ... Respondents PRAYER:The writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature ofmandamus, directing the second respondent to take appropriate legal action against the fourth respondent based on the petitioner representation dated 05.07.2011 in accordance with law. For Petitioner: Mr.J.NandagopalFor Respondents1 &2: Mr.R.Ravichandran, A.G.P.For Respondent-3: Mr.JayaprakashnarayanFor Respondent-4: Mr.S.V.Rajkumar

O R D E RThe petitioner prays for issuance of a writ in the nature of mandamus, directing the second respondent, to take appropriate legal action against the fourth respondent based on the petitioner representation dated 05.07.2011 in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 2 The petitioner is the permanent resident of PullivalamVillage and is devotee of Arulmigu Thiyagaraja swamy Temple, Tiruvarur. The 4th respondent is the President of PullivalamPanchayat whereas the 5th respondent is her husband.3 The submission of the petitioner is that the respondents4 and 5 by taking advantage of the post of President of PullivalamPanchayat, have colluded with one Latha and others and encroached upon the public land i.e. canal, poramboku and a part of land of Arulmigu Thiyagaraja Swamy Temple, Tiruvarur, and are trying to sell the lands as housing plots. 4 The temple authorities have filed a suit against the respondents 4 and 5, wherein temporary injunction is granted against sale of the property belonging to the temple.5 The grievance of the petitioner is that no action has been taken against the respondents 4 and 5 regarding the encroachment of canal, poramboke land belonging to the Government/ Panchayat, inspite of the representation filed by the petitioner alleging encroachment by respondent No.4 and 5.6 Sec.131 of the Tamil Nadu Panchayat Act, 1994, imposes aduty on the Village Administrative Officer, in every village to report qua encroachment of the properties vested in VillagePanchayats or Panchayat Union Councils to the Executive Authority or the Commissioner concerned, as also to the officers of the revenue department.

7 The Act further imposes duty on the executive authority or the Commissioner concerned to institute proceedings, to secure removal of encroachment within such time as specified by the Government by general or special order. 8 The liberty is also given to the authorities to proceed under Tamil Nadu Encroachment Act, 1905.9 The submission of the petitioner is that VillageAdministrative Officer has failed to perform his statutory duty, to report the matter to the respondent No.2, i.e. The District Collectorfor taking action against guilty and to remove the encroachments. https://hcservices.ecourts.gov.in/hcservices/ 10 Sec.201 of Tamil Nadu Panchayat Act, 1994 reads as under: "201. Powers of officers for purpose of control.- The Inspector or any officer or person whom the Government or the Inspector, may empower in this behalf may- (a) direct the Village Panchayat or PanchayatUnion Council or the District Panchayat to make provision for and to execute or provide any public work or amenity, or service of the description referred to in Section 110, 112 and 163; (b) call for any record, register or other document in the possession, or under the control of any Panchayat or Executive Authority, or Commissioner or 1 [Secretary]; (c) require any Panchayat or ExecutiveAuthority or Commissioner or the 1 [Secretary] to furnish any return, plan, estimate, statement, account or statistics; (d) require any Panchayat or ExecutiveAuthority or Commissioner or the 1 [Secretary] to furnish any information or report on any matter connected with such Panchayat; (e) require any Panchayat or ExecutiveAuthority or the Commissioner or the 1 [Secretary]to obtain his previous sanction before giving up aclaim or closing down any institution which is asource of income; (f) record in writing for the consideration of any Panchayat or Executive Authority or Commissioner or the 1 [Secretary], any observations in regard to its or his proceedings or duties.