SHRINE BASILICA OF OUR LADY OF HEALTH VAILANKANNI VAILANKANNI NAGAI DISTRICT Vs. EXECUTIVE OFFICER THE SPECIAL GRADE TOWN PANCHAYAT VAILANKANNI 611 111 NAGAPATTINAM DISTRICT

JUDGEMENT

(1.) THE present Writ Appeal has been preferred being aggrieved by the order of dismissal dated 29. 12. 1997 passed in W. P. No. 12846 of 1997 on the file of this court.

(2.) THIS court ordered notice of motion on 23. 2. 1998. The respondents have been served and they have entered appearance through their respective counsel.

(3.) IN the writ petition, the petitioner contended that the provisions of the Tamil Nadu District Municipalities Act do not confer power on the respondent Town Panchayat to levy tax in the form of toll-gate kist from the vehicles, which enter the first respondent Town Panchayat nor the indian Tools Act 1852 empowers the respondents to levy toll nor there has been any notification by the second respondent State Government under the Tolls Act nor any fee or tax or kist could be collected from the vehicles which enter the limits of the first respondent Panchayat nor the levy of entry fee on the motor vehicles by the first respondent is authorised by law. Though very many other contentions were raised by the petitioner, it is not necessary to refer to the details set out in the affidavit filed in support of the writ petition.