THIRUKKADAIYUR SRI AMIRTHAKADESWARASWAMY DEVASTHANAM OWNED BY DHARMAPURAM ADHEENAM AND Vs. DISTRICT COLLECTOR NAGAPATTINAM

JUDGEMENT

(1.) THE petitioner herein is the Thirukkadaiyur Sri Amirthakades-waraswamy Devasthanam owned by Dharmapuram Adheenam and the same is represented by the Hereditory Trustee. THE said temple is very famous one which attracts worshippers in large numbers from all over the state and even from the neighbouring states in huge numbers every day. On account of the same, number of vehicles enter into the panchayat limits of Thirukkadaiyur panchayat. With a view to augment the income of the panchayat, the second respondent herein passed a resolution dated 7.11.2001 deciding to collect fees from such vehicles which enters the panchayat limits. THE said resolution was submitted to the Inspector of Panchayat viz., the District Collector, Nagapattinam. THE District Collector/ the first respondent herein by his proceedings in Rc. No. 5786/ 2001/ A3/ c.,.(C) dated 28.1.2002 granted such permission to collect fees at Rs.20/- for heavy motor vehicles, Rs.10/- for light motor vehicles and Rs.2/- for two and three wheelers and cycle rickshaws, which enter into the Thirukkadaiyur panchayat. Challenging the said order, the petitioner has come before this Court.

(2.) IT is contended by the petitioner that without establishing any landing place, halting place or cart stand, the panchayat has no power to collect any fees for no services rendered by them and therefore, the impugned order is liable to be set aside. But in the counter filed by the first respondent it is contended that the impugned order came to be passed in pursuance of Section 154 (a) of the Tamil Nadu Village Panchayat Act, 1994 and the power of the District Collector vested under Rule 3 of Tamil Nadu Panchayat (Public Landing Places, Halting Places, cart stands) Rules 1999 and also under various other guidelines issued by the Government. The ownership of the land surrounding the temple is also under dispute.

(3.) COMING to Rule 3 of the Tamil Nadu Panchayat (Public Landing Places, Halting Places, cart stands) Rules 1999, I have to state that it is only to supplement Section 154 of the Tamil Nadu Panchayats Act, 1994. There is no conflict between these two provisions. The said Rule 3 reads as follows:-