HC stays judge's order curtailing powers of Panchayat heads

Chennai, Apr 25 (UNI) Madras High Court today stayed the operation of a single judge's order declaring as illegal and unconstitutional Rule 2 (E) of the Tamil Nadu Panchayat Building rules under the Tamil Nadu Panchayat Act, empowering Village Panchayat presidents to grant approval for lay out and sites for buildings and huts.

While passing orders on a petition from B Jyothi Naidu, Chairman, Thiruthani Panchayat Union, Mr Justice V Kanagaraj had on November 24, 2004 declared the said rule as illegal and unconstitutional.

The rule empowers presidents of village panchayats to approve lay outs and sites for buildings and huts and regulate grant of permission to building plans at Panchayat level.

Aggrieved, the Senneerkuppam Panchayat President filed an appeal challenging the single judge's order.

He said the single judge failed to consider the very power of the President to give approval was only after getting concurrence from the Director or Joint Director or Deputy Director of Town and Country Planning. Therefore, objective consideration and technical duties were retained with the executive authority and only the final decision was taken by the Panchayat President. This too was subject to appeal. Therefore, the entire writ petition and the order was based on a total misconception. The order deserved to be quashed.

A Division Bench comprising Chief Justice A P Shah and Ms Justice Prabha Sridevan admitted the appeal and granted interim stay.

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