STATE OF TAMIL NADU Vs. B JOTHI NAIDU CHAIRMAN PANCHAYAT UNION TIRUTTANI VELANGERI VILLAGE TIRUTTANI TALUK

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Tamil Nadu against the judgment dated 24th Nov., 2004, passed by the learned single Judge in W.P. No.15347/97. By the aforesaid judgment, learned single Judge, while allowed the writ petition, declared Rule 2 (e) of the Tamil Nadu Panchayats Building Rules, 1997, made under the Tamil Nadu Panchayats Act, 1994, as illegal and unconstitutional. The appellant has assailed the judgment mainly on the ground that the learned single Judge failed to consider the mandate of Constitution empowering the Panchayat under Part IX of the Constitution and the rule has been declared ultra vires on mere presumption that the delegation of power to the 'Head of the Panchayat' is excessive and uncalled for.

(2.) INSPITE of service of notice, the contesting respondent/writ petitioner has not appeared to oppose the appeal.

(3.) FROM the impugned judgment, it will be evident that the learned single Judge has not declared Rule 3 as ultra vires Article 14 of Constitution of India. No declaration has been given that the executive authority has been vested with excessive or unbridled power, which will tend to arbitrariness and will give rise to violation of Article 14. Learned single Judge has declared Rule 2 (e) of Rules, 1997, unconstitutional mainly on the basis of the following grounds :-