The Madras High Court, on Tuesday, declared that according to the Tamil Nadu Panchayat Act 1994, the Panchayat Presidents do not have the power to abolish encroachments. The Court also cancelled a notice issued by the Panchayat President of Ilangiyendal village of Madurai seeking to encroach a piece of land.
The notice by the Panchayat President was challenged by Yogarajan who had filed a petition in the court. The Division Bench of Justices L. Victoria Gowri and R. Subramaniam then announced in court that Panchayat Presidents could only remove the encroachment if the encroacher voluntarily does it. An if in case he does not, then the President, under the Tamil Nadu Land Encroachment Act 1905, will have to speak to the Revenue Tehsildar for the encroachment.
The court quashed the notice of the Panchayat President and asked everyone involved to procced only according to the law.
Written by Disha Hatikakoty, Maitreyi College, University of Delhi, Intern under Legal Vidhiya.
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