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2026 Supreme(Online)(Mad) 30963
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.POORNIMA, JJ
Government of Tamil Nadu – Appellant
Versus
Kaliakkavilai Thinasari Santhai Viyabarigal Nala Sangam – Respondent
W.A.(MD)No.1818 of 2024|W.A.(MD)No.1819 of 2024
For Appellants:Mr.Veera Kathiravan, Additional Advocate General, assisted by, Mr.T.Amjad Khan, Government Advocate
For Respondents: Mr.M.Mahaboob Athiff
Special Officer appointed under Section 375B TN District Municipalities Act has full powers of Town Panchayat including fixing fees.
Headnote:Section 375B of the Tamil Nadu District Municipalities Act, inserted in 2016, empowers the State Government to appoint Special Officers to exercise powers and discharge functions of Town Panchayats until council meetings post-elections or 31st December 2016. The writ petitioner challenged the Special Officer's imposition of entry/license fee for the market, claiming lack of statutory power. The learned single Judge held the Special Officer lacked jurisdiction, but overlooked the amendment. The court framed the issue as whether the Special Officer could fix the market entry/license fee. The ratio decidendi hinges on Section 375B, which confers full powers on the Special Officer, rendering the single Judge's finding erroneous due to non-consideration of the provision. The impugned order was set aside to the extent it held the Special Officer's action without jurisdiction. Writ appeals disposed of accordingly.
| Table of Content |
|---|
| 1. special officer's power to impose market fees questioned. (Para 2) |
| 2. section 375b amendment confers special officer powers. (Para 3) |
| 3. single judge order set aside for overlooking statutory power. (Para 4) |
(Order of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The primary issue arising for consideration is whether the Special Officer of the Kaliyakkavilai Town Panchayat could have fixed the entry fee / license fee for the market. The learned single Judge held that the Special Officer has not been conferred with any such statutory power. Aggrieved by the order of the learned single Judge, these writ appeals have been filed.
3. The learned Additional Advocate General points out that Section 375B of the Tamil Nadu District Municipalities Act inserted in the year 2016 itself confers such power but unfortunately the attention of the learned single Judge was not drawn to this amendment. The said provision reads as follows:-
“375-B. Appointment of Special Officers –
Notwithstanding anything contained in this Act, or in any other law for the time being in force, the State Government may, by notification, appoint Special Officers to exercise the powers and discharge the functions of the Municipalities or the Town Panchayats, as the case may be, until the day on which the first meetings of the councils are held after ordinary elections to the Municipalities or the Town Panchayats, as the case may be, after the date of commencement of the Tamil Nadu Municipal Laws(Third Amendment) Ordinance, 2016 or upto the 31st day of December, 2016, whichever is earlier.”
4.In view of the above, the learned single Judge could not have held that the action of the Special Office was one without jurisdiction. To this extent, the order impugned in this writ appeal is set aside.
These writ appeals are disposed of accordingly. No costs.
