SIVA THANU CHETTIAR Vs. EXECUTIVE OFFICER/DEPUTY COMMISSIONER, INCORPORATED AND UNINCORPORATED DEVASWAM

JUDGEMENT

(1.) 1. The plaintiffs are the appellants and they have sought for interim injunction. The suit was filed by the appellants for declaration and injunction that the respondents are not entitled to charge special fees from the devotees at Sri Devi Bagavathi Amman temple and for a permanent injunction. The respondents resisted the suit on the ground that the suit was not maintainable and that the fee system has been introduced only to facilitate old people, pregnant women and those who cannot stand in the queue for long and that it is not as if the entrance fee is collected from all the people standing in the general queue, who are free to have dharshan without paying any fee, and that a similar system prevails in other famous temples in the State of Tamil Nadu. The trial Court dismissed the suit and the appellate Court also dismissed the appeal and therefore the second appeal has been filed and it has been admitted on 3.11.2004.

(2.) CAVEATOR took notice and today the interim application for injunction restraining the respondents from collecting any fee by way of ticket or other fee for dharshan in Shri Devi Bhagawathi Amman temple at Kanyakumari District, is listed for hearing.

(3.) THE learned Government pleader filed his counter and submitted that a custom can be pleaded only, an exception to the general law, and referred to Sri Braja Kisore Devan Garu v. Sri Kundana Devi Patta Mahadevi Garu, ILR 22 Madras 431. When there is no such plea, the petitioner cannot be permitted to say that there was a custom in the territory in which the temple is situated, not to charge special entrance fee. THE learned counsel submitted that the suit itself is not maintainable and therefore no interim order can be granted. It is further submitted that though the income of the temple may be sufficient to meet the expenses of Bhagavathi Amman Temple. Actually the income of this temple and three other temples namely, Nagaraja Temple, Nagercoil, Kumaracoil at Velimalai and Bhagavathy Amman temple at Mandaicaud are brought into a common account and from that 473 temples under the incorporated and unincorporated devaswoms are being maintained.