Madras High Court
S.R. Ekambaram vs The District Collector on 3 August, 2018
Author: P.D.Audikesavalu
Bench: P.D.Audikesavalu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 03.08.2018
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.16459 of 2004
S.R. Ekambaram
President,
Attupakkam,
Village Panchayat,
Ellapuram Union,
Uttukottai Taluk,
Tiruvallur District .... Petitioner
Vs.
1. The District Collector,
Tiruvallur District.
2. The Assistant Director of Rural Development(Panchayat),
Tiruvallur cum Chairman,
Sri Bhavani Amman Temple,
Festival Committee,
Ellapuram Panchayat Union,
Tiruvallur District.
3. The Block Development Officer,
Ellapuram Block,
Uttukottai Taluk,
Tiruvallur District.
4. The Commissioner,
HR & CE Department,
Nungambakkam,
Chennai 600 006
(Fourth Respondent impleaded as per the
Order of this Court dated 06.07.2018 in
WMP No.20226 of 2018) ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the Respondents from interfering in the administration of the Petitioner's Village Panchayat in making arrangements for the Sri Bhavani Amman Festivals conducted from the First day of Tamil Month Aadi till last day of Tamil Month Purattasi every year.
For Petitioner : Mr.A.R.Suresh
For First and Second : Mr. S.R.Rajagopal
Respondents Addl. Advocate General
assisted by
Mr. K.S.Suresh
Government Advocate
For Third Respondent : Ms. A.Srijayanthi
Spl.Government Pleader
For Fourth Respondent : Mr. M.Maharaja
Spl. Government Pleader
ORDER
Arulmigu Bhavani Amman Temple (hereinafter referred to as the Temple for brevity) at Periyapalayam in Tiruvallur District of Tamil Nadu is visited by thousands of devotees throughout the year and more particularly, during the 14 Sundays falling in the Tamil months of Aadi, Aavani and Purattasi (mid July to mid October). According to the Petitioner, who was the elected President of Attupakkam Village Panchayat at the time of filing of the Writ Petition, the Temple is situated in that village and it is the duty of the Village Panchayat to provide lighting, water sanitation, road etc., for the devotees visiting the Temple as per Sections 110 and 111 of the Tamil Nadu Panchayats Act, 1994. The grievance of the Petitioner is that the Third Respondent, viz., the Block Development Officer, Ellapuram Block has been interfering with the administration of the Village Panchayat by inviting tenders for parking charges, lighting facilities, accommodation, sanitation, etc., for a long period despite the objections by the Petitioner and other elected members of the Village Panchayat and this diversion of funds to the Panchayat Union has resulted in loss of revenue for Village Panchayat. In that factual backdrop, this Writ Petition has been filed to forbear the Respondents from interfering in the administration of the Attupakkam Village Panchayat in making arrangements for the temple festivals conducted.
2. The Third Respondent has filed a Counter Affidavit stating as follows :-
(i) The Temple and some of the State Government Offices including the Panchayat Union Office lies within the territorial limits of Ellapuram Village, Attupakkam Village Panchayat, Ellapuram Panchayat Union but the land with an extent of 0.65 acres in which the Temple is situated is owned and managed by a Private Trust. Similarly the adjacent land to the Temple with an extent of nearly 23 acres is the property of Ellapuram Panchayat Union which originally belonged to the erstwhile Taluk Board and subsequently transferred as the property of Ellapuram Panchayat Union, when the Panchayat Union was established by abolishing the Taluk/District Boards. The connected revenue records reveal that the aforesaid property belongs to the erstwhile Taluk Board and now to Panchayat Union and though the land lies within the territorial limits of Attuakkam Village Panchayat, it is not a property of Village Panchayat.
(ii) Section 111(d) of the Tamil Nadu Panchayats Act, 1994, provides the power to Village Panchayat to control fairs and festivals other than those classified as Panchayat Union fairs and festivals. Section 112(g) of the Tamil Nadu Panchayats Act, 1994, provides the power to Panchayat Union Council to control the fairs and festivals classified as Panchayat Union Festival by the Government and the same is celebrated by Council as those reserved for control by it. As per G.O.No.635 Education and Public Health Department (Health) dated 09.03.1962, the fairs and festivals have already been classified as District Board festivals and as such, the Panchayat Union has the power to control the fairs and festivals, in view of the provisions of Section 197 of the Tamil Nadu Panchayats Act, 1958. Right from the year 1961, i.e., the year in which the Panchayat Union was established, the Panchayat Union by virtue of the provisions laid down in Section 65 of the Tamil Nadu Panchayats Act, 1958, and Section 112 of the Tamil Nadu Panchayats Act, 1994, has been making arrangements of festivals including providing sanitary arrangements, conducting auctions for collecting fees for various items carried out in the vacant site belonging to Panchayat Union. There has been no objections for more than 40 years including the Presidents of Attupakkam Village Panchayat. Further, as per Chapter IV of Manual of Panchayat Administration (Section 46), the Commissioner of Panchayat Union shall have the power to grant license for the erection of pandals and other temporary structures on margins of roads vested in Highways, Rural Works and Public Works Department within the limits of the village in connection with fair and festivals.
(iii) The Panchayat Union has a staff strength of one Block Development Officer (Block Panchayat), and one Block Development Officer (Village Panchayat) in Gazette Rank followed by one Deputy Block Officer, Seven Extension Officers, Ten Rural Welfare Officers, two Rural Women Welfare Officers, five Assistants and four Junior Assistants to cater to the welfare needs of the visiting pilgrims in contrast to the Village Panchayat, which has only one part time Clerk as permanent staff.
(iv) A Festival Committee under the Chairmanship of Assistant Director of Rural Development (Panchayats) has been constituted for approving the allocations of funds for various arrangements such as sanitary arrangements, lighting, security, traffic regulations, transport facilities etc., Representatives of all the connected Departments such as, Health, Police, Fire Service, Electricity Board, Traffic Police, Transport Department etc., are the members in this Committee. Every year, before the commencement of the festival in the Tamil month of Aadi, a meeting of that Festival Committee is convened for approving the Plan of Action incurring expenditure for the various items. The arrangements for this festival is done by the Panchayat Union for the past 40 years and various steps are being taken to maintain health, law and order and traffic as approved by the Festival Committee. Nearly one lakh pilgrims visit the Temple during festival days (Saturdays and Sundays) and with the assistance of the Police Officials the movement of public and traffic is regulated and law and order is maintained in the entire area, and any untoward incident that occurs is immediately attended and grievances in that regard are redressed at once in the spot by the mobile parties.
(v) The Panchayat Union is incurring an estimated expenditure of Rs.6.80 lakhs for the meeting of expenses that are borne in the conducting of fairs and festivals, which is more than the revenue collected through tenders. The Panchayat Union has financial viability to mobilise money to the tune of Rs.15 lakhs from its General Fund. While denying that the revenue of the Village Panchayat is diverted, it is contended that the Annual Assigned Revenue of the Village Panchayat is only Rs. 30,000/- and that will not suffice to meet the strategic situation arising out of contingencies.
3. These submissions made by the Third Respondent, which are well explained, deserve acceptance and as such, the Third Respondent is fully justified in performing the statutory obligations of providing civic facilities for the devotees visiting the Temple, and for that purpose, the Third Respondent is lawfully entitled to devise legitimate means to generate income to meet such expenditure, which cannot be found fault by the Petitioner. However, if there is any shortcoming or failure in carrying out those functions, it would be definitely open to the concerned persons to bring the same to the notice of the competent authorities for necessary corrective action.
4. It requires to be incidentally taken note that the location of the Temple is such that the same has to be necessarily accessed only through the lands now under the control of the Panchayat Union and the shops that had been permitted to be put up had narrowed down the free passage to the visiting devotees and other members of the public to enter the Temple premises. In that backdrop, acceding to the suggestions made by this Court to the Respondents to arrive at a workable arrangement of providing hassle free ingress and egress for the devotees visiting the Temple through the lands connecting the main road with the Temple, the Counsel for the Third Respondent, viz., Block Development Officer, Ellapuram, and the Executive Officer of the Temple, have filed a Joint Memo dated 03.08.2018 in this Court stating as follows:-
1. In furtherance of the directions of this Hon'ble Court to consider widening of the passage leading to the Temple for enabling access free ingress and egress of devotees of Sri Bhavani Amman Temple, Periyapalayam, the area surrounding the Temple was inspected. The Temple is situated on the banks of River Arani. The entire Eastern boundary of the Temple is the Arani River. The Temple could be accessed from two sides viz., one from the South, i..e, Utthukottai-Periyapalayam Road and other from West through Paleshwaram Main Road. The access from Utthukottai Periyapalayam Main Road was through passage which was originally 7.2 meters and when it reaches the entrance of the Temple it was 8.7 meters. The passage has been widened by another 2.4 metre at the entrance of the passage from Utthukottai-Periyapalam Road and as it reaches the Temple by 4.05 metres. Thus, the passage presently is 9.6 metres at the entrance of Utthukottai Road and when it reaches the Temple is 12.80 metres. The said measurement is clear of shops on either side. Similarly, the access through Paleshwaran Main Road which was originally 6.8 metres has been widened by 2.4 metres i.e., 1.2 metre on either side, by moving the shops. Thus the passage is now presently 9.2 metres width from Paleshwaram Main Road to the Temple entrance free of any shops.
2. This memo is filed to place on record that the widening of the passage is without prejudice to the parties to the right, title and ownership over the lands forming part of the widened road. The act of widening of the Road by the Third Respondent would not create any vested or prescriptive right either on the Temple or its users. The plan in this regard with measurements is enclosed along with this memo.
5. The aforesaid Joint Memo with the sketch annexed thereto, is taken on record and the same shall form part of this order. It is fervently expected that the Respondents and the authorities of the Temple would ensure that the aforesaid arrangement is maintained at all times in larger public interest notwithstanding any dispute between them regarding title and ownership of those lands, which are the subject matter of separate legal proceedings. It is needless to add here that if any person violates the aforesaid arrangement in any manner whatsoever, which disturbs hassle free ingress and egress for the devotees visiting the Temple, prompt remedial action in that regard shall be taken by the concerned authorities in accordance with law.
6. The Writ Petition is disposed of on the aforesaid terms. No costs.
03.08.2018 sr Speaking Order/Non-Speaking Order Index:yes/no website:yes P.D.AUDIKESAVALU,J., sr To
1. The District Collector, Tiruvallur District.
2. The Assistant Director of Rural Development(Panchayat), Tiruvallur cum Chairman, SriBhavani Amman Temple, Festival Committee, Ellapuram Panchayat Union, Tiruvallur District.
3. The Block Development Officer, Ellapuram Block, Uttukottai Taluk, Tiruvallur District.
4. The Commissioner, HR & CE Department, Nungambakkam, Chennai 600 006
5. The Superintendent of Police, Tiruvallur District.
W.P.No.16459 of 200403.08.2018