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1 - 5 of 5 (0.28 seconds)Section 143 in Tamil Nadu Panchayats Act, 1994 [Entire Act]
Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975
G.Radhakrishnan vs The President on 30 October, 2007
9. The prime ground of attack is that the Panchayat President lacks the
jurisdiction to initiate the impugned proceedings. The learned counsel
appearing for the petitioners drew my attention to Section 131(2) of the Tamil
Nadu Panchayats Act and contended that at best the Panchayat President can
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W.P(MD)Nos.16949 to 16951 of 2014
only issue notice calling upon the alleged encroacher to remove the
encroachment. He cannot enforce his order. It is only the revenue authority
who will have to cause physical removal of the encroachment. He relied on a
catena of decisions in this regard, in particular, 2008 1 MLJ 1132
(G.Radhakrishnan vs. The President, Keayakottai Panchayat).
J.Ganesan vs The Thasildar on 19 August, 2019
10. It is true that there are a slew of decisions supporting the arguments
advanced by the learned counsel appearing for the petitioner. However, the
learned Additional Government Pleader as well as the learned counsel
appearing for the local body would draw my attention to a contra decision
rendered by the Hon'ble Division Bench of this Court on 22.03.2023 in
W.P(MD)No.16264 of 2021 etc (Ganesan Vs The Thasildar & Others). The
Hon'ble Division Bench in the said case has taken the view that under Section
131(2) of the Act, the Panchayat President who has been notified as executive
authority is also having the power to cause removal of the encroachment. The
decision relied on by the learned counsel appearing for the petitioners had been
labelled as per incuriam. In response thereto, the learned counsel appearing for
the petitioners would contend that decisions subsequent to the aforesaid
decision have taken the earlier line. However, I am have been spared the
labour of making the choice, because the learned Additional Government
Pleader appearing for the respondents as well as the learned counsel appearing
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W.P(MD)Nos.16949 to 16951 of 2014
for the local body submit that the impugned action of the Panchayat President
can be justified with reference to Section 143 of the Tamil Nadu Panchayats
Act, 1994. Section 143 is as follows:
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