Furthermore, the assessment made at fixing Rs.5000/- per day is without any assessment, such a contention could not be countenanced for more than two reasons. They are all petty shop owners and hence, I find that Rs.5000/- per day fixed by the District Collector could not be termed as too low or meager. Hence, I find that this writ petition is devoid of merits besides infructuous. 12. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition are closed. 28.03.2023 Speaking/Non-speaking order Neutral Citation Yes / No Index : Yes/No ata To The Inspector of Panchayat / District Collector, Collector Office, Thiruvallur District, Tamil Nadu – 602 003. RMT.TEEKAA RAMAN. J, ata W.P.No.9653 of 2023 28.03.2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2023
CORAM

THE HON’BLE MR. JUSTICE RMT.TEEKAA RAMAN
W.P.No.9653 of 2023 and W.M.P.No.9705 & 9708 of 2023
Padiyanallur grade – I, Village Panchayat,
Rep. by its President
Jayalakshmi,
Cholavaram Panchayat Union,
Thiruvallur District. ..Petitioner
Vs.
1.The Inspector of Panchayat / District Collector,
Collector Office,
Thiruvallur District, Tamil Nadu – 602 003.
2.The Managing Committee,
Arulmigu Muneeswara Angala Eswari Temple,
Padiyanallur,
Chennai – 600 052. ..Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, paryaing to issue a writ of Certiorarified Mandamus, to call for the records of the file of the 1st respondent in Na.Ka.No.532/2022/A2 dated 18/03/2023 and quash the same as illegal and irregular and further direct the 1st respondent to permit the petitioner to assess, fix and collect tax/fee or charge for activities carried out in connection with “Panguni Uthram Thiruvizha” between 29.03.2023 to
12.04.2023 in the vacant land belonging to Government situated in Survey No.121/2, Padiyanallur Village and further forbear the 2nd respondent from collecting any payments / fee in connection with the festival.
For Petitioner : Mr.Avinash Wathwani for Mrs.V.Srimathi
For Respondents
For R1 : Mr.P.Kumaresan,
Additional Advocate General assisted by Mrs.S.Mythreye Chandru Special Government Pleader
For R2 : Mr.K.Elangoo
For HR & CE : Mr.K.Karthikeyan
Government Advocate
ORDER
This writ petition has been filed seeking a relief of cancellation of permission granted to the 2nd respondent for collecting of toll / fee in respect of shops put up in S.No.121/2 in Padiyanallur Village, when the Panguni Uthiram Festival is scheduled to be held between 26.03.2023 to 15.04.2023 (both inclusive 21 days).
2.1. The learned counsel for the petitioner submitted that the petitioner is the elected President of Padiyanallur Village Panchayat. The 3rd respondent is the Committee representing the Munieeswara Angala Eswari Temple situated within the precincts of the Padiyanallur Village Panchayat. The temple conducts the “Panguni Uthram Thiruvizha” during the months of March and April for the deity every year. The predominant factor of this festival is the “Thee Midhi Thiruvizha” performed as a ritual and where the number of devotees pay their respect to the deity in accordance with their customs. However, apart from prayers and specific festivals / rituals, the temple makes arrangements, through third party vendors, to provide for entertainment. Temporary structures are erected to accommodate an amusement arcade, food stalls and gaming activities for the devotees. As a matter of convenience, adequate parking facilities are also provided to the devotees. That apart, various business concerns who provide contributions to the temple in the form of money or otherwise are allowed to advertise their business by fixing banners, placards, etc.
2.2. It is submitted that, the aforesaid activities / theme of the temple not only attracts large number of people to witness the festival but also earns a significant amount as revenue. The structures for the stalls approved by the temple Management Committee, the 2nd respondent, are set up in vacant site situated adjacent to the temple in Survey No.121/2, Padiyanallur Village. The temple collects Rs.12,000/- per day from the shops and activities set up in and around temple in the said vacant site. The land is classified as “Meikal Poromboke” as per the revenue records. The temple is not the owner of the said lands.
2.3. The learned counsel for the petitioner draw my attention that as per the provision under Section 111 of Tamil Nadu Panchayat Act, 1994, the Panchayat has the power to exercise control over the fairs and festivals.
The relevant portion of the above said provision is extracted hereunder;-
“subject to the provisions of this act and the rules made thereunder, a village Panchayat may also make such provisions as it thinks fir to carrying out the requirements of the village in respect of the following matters namely
(d) the control of fairs and festivals other than those classified as Panchayat union fiars and festivals”
3. The said provision takes cognizance of the fact that there is a duty onthe village Panchayat to provide adequate health, sanitization and security measures to the worshipers. Once the festival is over, there is a responsibility on the Panchayat to clean up the area, maintain sanitization and restore the vacant site to its original position. It if for these reasons; approvals are also being sought from Panchayat before commencing the festival irrespective of the classification. The petitioner had issued a communication to the temple and a representation to the 1st respondent on 03.03.2023 regarding the proposal for collection of charges by the Panchayat for various activities conducted in the vacant site. The temple authorities had raised an objection. The 1st respondent had not issued any communication nor consulted with the Panchayat. On the contrary, he proceeded to pass an order on 18.03.2023, directing the temple to deposit Rs.5000/- per day in favour of the Panchayat.
4. According to the petitioner, the very act of the 1st respondent / District Collector (who is the Inspector of Panchayats), without making any assessment and passing an order amounts to miscarriage of justice.
5. Heard Mr.P.Kumaresan, the learned Additional Advocate Generalassisted by Mrs.S.Mythreye Chandru, the learned Special Government Pleader for 1st respondent and Mr.Ilayngoo, the learned counsel for the 2nd respondent and Mr.K.Karthikeyan, the learned Government Advocate for Hindu Religious and Charitable Endowments Department.
6. On perusal of the impugned order dated 18.03.2023 in connection with conducting festival of the Thee Mithi in Padiyanallur Panchayat for Arulmigu Muneeswara Angala Eeswari Temple between 26.03.2023 to 15.04.2023 for 21 days, the festival is to be conducted by the 2nd respondent herein. The said temple is comes under the administration of Hindu Religious and Charitable Endowments Department. However, the Hindu Religious and Charitable Endowments was not impleaded as a party.
7. The learned Government Advocate for the HR and CE would contend that non-impleading of the Hindu Religious and Charitable Endowments is fatal to the maintainability of the writ petition.
8. The learned Additional Advocate General would contend that the District Collector, Thiruvallur, being the Inspector of Panchayat, was in a better position to determine the actual assessment for the festival and also the lease amount for the vacant site has to be utilized for petty shops, run by the small vendors in connection with the said temple between 26.03.2023 to 15.04.2023. He further, draw my attention to the fact that pursuant to the impuged order, it has been handed over to the 2nd respondent and they are also remitted and taken possession and also put up stalls from 26.03.2023. Today, 28.03.2023 it has become infructuous.
9. He also placed on record the earlier writ petition filed in W.P.No.9398 of 2022 dated 22.04.2022 by the very same petitioner for the very same relief in the previous year has also been dismissed as infructuous.
10. With regard to the legal submissions made as referred above, I find that the District Collector, who is also the Inspector of Panchayat, in such a capacity, he has passed an order entrusting the lease in respect of the vacant site in the neighborhood of the temple to the 2nd respondent namely the Managing Committee, who is conducting the festival. Hence, I find that no malafide intention would be attributed against him.
11. Furthermore, the assessment made at fixing Rs.5000/- per day is without any assessment, such a contention could not be countenanced for more than two reasons. They are all petty shop owners and hence, I find that Rs.5000/- per day fixed by the District Collector could not be termed as too low or meager. Hence, I find that this writ petition is devoid of merits besides infructuous.
12. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition are closed.
28.03.2023
Speaking/Non-speaking order
Neutral Citation Yes / No Index : Yes/No ata
To
The Inspector of Panchayat / District Collector,
Collector Office,
Thiruvallur District,
Tamil Nadu – 602 003.
RMT.TEEKAA RAMAN. J,
ata W.P.No.9653 of 2023
28.03.2023