Elected panchayat councilor misused his power
Sidambaraselvan
(Querist) 08 December 2013
This query is : Resolved
In my native village situated in tamilnadu, the Panchayat Union Councillor threatened Village Administrative Officer to issue legal heirship certificate. In Tamil Nadu only the Tahsildar has power to issue legal heirship certificate.
Due to the threatening act and also for money, the village administrative officer issued legal heirship certificate to 14 persons. This includes the person of another village also.
Kindly suggest me the legal remedy on the following
Is it possible for me to file case against the said Councillor - the elected member - to remove him from the post. Is there any madras high court order or supreme court order regarding this
Is it possible to claim compensation from the Village administration officer for his unlawful activity which caused denial of my basic rights in the disputed land.
Raj Kumar Makkad
(Expert) 08 December 2013
Section 190 of criminal procedure code provides right to every person to initiate criminal action against the accused person if he is having the knowledge of commission of any cognizable offence and there are many judgments in support of this legal provision.
So far compensation is concerned, you are not entitled to recover.
P. Venu
(Expert) 09 December 2013
The VAO is at fault. Alleged threat does not validate an action without jurisdiction.
Rajendra K Goyal
(Expert) 09 December 2013
Lodge a complaint of the VAO to senior authorities, you are not entitled for any compensation.
R.K Nanda
(Expert) 09 December 2013
nothing more to add.
malipeddi jaggarao
(Expert) 10 December 2013
In which way you are connected to the issue of Legal Heir Certificate?
Sidambaraselvan
(Querist) 10 December 2013
Respected Malipeddi Jaggarao
I am also one of the legal heir to my grand father through my mother who has right in the disputed land. I have submitted the affidavit, application form, 9 statements from the old aged people who lived during the period of my grand father, my marriage certificate showing that I am the grand son to my grand father (customs in tamil nadu in particular in my native village to show the family hierarchy)and my family arrangement.
My right was denied unlawfully by the concerned politician - councillor.
To prove the fact, I submitted application for issue of legal heirship certificate to the VAO who in turn should submit his enquiry report to the Tahsildar. Tahsildar alone has power to issue legal heirship certificate in tamilnadu.
When I approached VAO, he refused even to recommend my application to the Tahsildar as legal heir through woman is not entitled to receive legal heirship certificate.
But the said VAO who does not have power to issue legal heirship certificte, issued the said certificates to others who are all connected illegaly and unlawfully with the disputed land due to the threatening act of the said Panchayat Union Councillor who is representing my native village and also the said VAO accepted the same in the enquiry conducted by the Revenue Divisional Officer who is the appointing authority of the said VAO
T. Kalaiselvan, Advocate
(Expert) 10 December 2013
VAO has got no power to issue legal heirship certificate, the Tahsildar is the Competent Authority to issue such certificate on the basis of verification report by VAO and RI. If VAO had issued any such certificate it is invalid and will not be recognised by any authority for any purpose. By the way, how can you become a legal heir to your grand father. You can be a legal heir to your own parents and not to either of their parents, so you cannot make it a issue because you are no where connected with it, however you may bring the VAO's scandals to the information of the authority above him.
malipeddi jaggarao
(Expert) 11 December 2013
You are not a legal heir through your mother. In the given case your mother is the legal heir. If she is alive, he can take up the matter but not you during her life time. Hence the VAO is correct as far as not recognizing you as legal heir.
Rajendra K Goyal
(Expert) 11 December 2013
Well advised by the expert malipeddi jaggarao ji.
