THE PANCHAYAT BOARD C. MUTLUR BY PRESIDENT Vs. THE REGIONAL INSPECTOR OF MUNICIPAL COUNCILS AND LOCAL BOARDS CENTRAL RANGE AND ORS.

JUDGEMENT

(1.) THE revenue village of C. Mutlur was declared "a village" under the Madras Village Panchayats Act, 1950 (X of 1950) and a panchayat board was constituted for carrying on the local administration of that village. This revenue village really consisted of more than one part namely the main village of C. Mutlur and a hamlet nearby by name Theethampalayam. The village and the hamlet are separated by the river Vellar which passes through the revenue village.

(2.) THE Regional Inspector of Municipal Councils and Local Boards, Chingleput, published two notifications on 8th October, 1955, for effecting the separation of the hamlet from "the revenue village" and for constituting the former as a separate area to be administered by a separate Panchayat Board. The legality of this action on the part of the officer is challenged in this petition by the Panchayat Board of C. Mutlur. The two notifications whose validity is impugned, both, dated 8th October, 1955, are in these terms.

(3.) THE grounds urged by learned Counsel for the petitioner disputing the legality of these notifications were two. (1) The Inspector of Local Boards from whom the Regional Inspector claimed to derive the power to issue these notifications had himself no authority under the provisions of the Madras Village Panchayats Act, 1950, to effect this bifurcation of the revenue village of C. Mutlur, so as to constitute the hamlet of Theethampalayam into a separate village panchayat. (2) Even assuming that the Inspector had this power, the terms of Section 127(2) of the Act did not enable this power to be delegated to the Regional Inspector.