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Prosecuting a village panchayat president in tamil nadu

(Querist) 07 December 2015 This query is : Resolved 
Dear Experts,

A Village Panchayat President in Tamil Nadu is constructing a public road on govt.water catching lands and willfully deviated the road over my Patta land, in spite of my several oral (telephonic) & written objections (thru' Regd. post with A/D).

The Panchayat President is being instigated by some villagers, lead by an ex-Councillor of that village, who is encouraged by my adjacent landowner- having vested interest in my property, as he was unsuccessful in buying it.

The said Public Tar road is being laid to connect a make-shift temple, which was raised by some miscreant villagers on the embankment of a Govt.Pond.

This makeshift temple is located 0.8 km away from the village and surrounded by agricultural lands on 3 sides and Govt.land on 1 side. Still there is a possibility to put the said Tar road, to the make-shift temple without intruding into my Patta land.

The Panchayat President has taken up the work to on the said Public Tar road (along with other roads in their Panchayat Limits) under Tamil Nadu Village Habitation Improvement Scheme (THAI).

Interestingly the Father of the Panchayat President was somehow awarded the work contract for laying all the roads under the Panchayat limits.

Under these circumstances:

1.Can the Village Panchayat President be prosecuted for inturding/encroaching into the private patta land ?

2. If yes whether prior permission is required from the inspector of Panchayats (District Collector) before filing a private complaint/case?

3. How to get rid of the road and the damages caused by laying a Tar road over my Patta Land?

Please guide me with your expert opinions/advise.

Thanks and Regards.
SP
P. Venu (Expert) 07 December 2015
You may take appropriate legal action if your land is encroached. other aspects are immaterial.
Rajendra K Goyal (Expert) 08 December 2015
1.Can the Village Panchayat President be prosecuted for inturding/encroaching into the private patta land ?

____Take stay from court. Lodge complaint with the collector.

2. If yes whether prior permission is required from the inspector of Panchayats (District Collector) before filing a private complaint/case?

___ Meet collector Avoid such step presently, get it done through proper channel.

3. How to get rid of the road and the damages caused by laying a Tar road over my Patta Land?

___ Take stay from the court.


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