SIVA THANU CHETTIAR Vs. GOVERNMENT OF TAMIL NADU THOUG ITS DISTRICT COLLECTOR KANYAKUMARI AT NAGERKOIL

JUDGEMENT

(1.) THE plaintiffs are the appellants and the appeal is preferred against the judgment and decree dated 19.04.2004 in A.S.No.67 of 2002 on the file of the Additional Sub-Court, Nagercoil confirming the judgment and decree dated 08.11.2002 in O.S.No.36 of 1999 on the file of the Additional District Munsif Court, Nagercoil.

(2.) THE suit was filed for declaration that the Executive Officer/Deputy Commissioner, Incorporated and Unincorporated Devaswam, Suchindrum, Nagercoil District and others are not entitled to collect any fee for special Dharsan of Devi Bhagavathi Amman Temple at Kanyakumari and for permanent injunction restraining the defendants from collecting the special fee.

(3.) THE learned Additional District Munsif, Nagercoil, dismissed the suit as not maintainable and on appeal by the plaintiffs, the learned subordinate Judge, Nagercoil, also confirmed the judgment and decree of the trial court. THErefore, the second appeal is filed on the following grounds;