The Madras High Court has dismissed a public interest litigation (PIL) challenging the collection of fees from the public at the Old Courtallam falls in Tenkasi district. The bench, comprising Justice D Bharatha Chakravarthy and Justice R Poornima, observed that the government had authorised the fee collection through a Government Order (GO), and thus it cannot be considered unauthorised.
Background of the Petition
The PIL was filed by S Subash, a resident of Tenkasi district. He argued that the tourist season at Courtallam typically commences in June, and maintenance works were being carried out on a war footing across all waterfalls. The petitioner claimed that the forest department had issued a notification imposing a fee of Rs20 per person for bathing at the Old Courtallam falls.
Subash contended that no fee had ever been collected from the public for bathing in waterfalls located in Tirunelveli and Tenkasi districts. He stated that only a parking fee for vehicles was previously charged. According to the petitioner, the proposed bathing fee would cause severe hardship and inconvenience to the general public, prompting him to approach the court.
Government's Stand
During the hearing, the additional government pleader submitted that the authorities were only collecting an entry fee, not a bathing fee. The government had issued a GO in this regard, legalising the collection. The court noted that since the government had authorised the fee, it could not be deemed unauthorised.
Court's Observation and Verdict
The division bench observed that the fee collection was backed by a government order, and therefore the petition lacked merit. Consequently, the judges dismissed the PIL, upholding the government's authority to impose the entry fee at the Old Courtallam falls.
This ruling clarifies that the fee is an entry fee rather than a bathing fee, and it is legally permissible under the government's directive.
