JUDGENT

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 brief facts of the case is as follows:

Originally the Kanyakumari District was under the administration of Cochin Monarchs and while so the worship of deity in various temples was free. After the re-organisation of new states, the present Kanyakumari District was formed on 01.01.1957. The custom and usage prevailing in the erstwhile Travancore-cochin namely, ‘free Dharsan’ in the temples continued to be in force. That being so the respondent/defendants announced that a ‘Special Dharsan fee