Allowed

V.Muraliganesh v. the District Collector

Madras HC14 Dec 2018WP(MD)/24687/2018

Case brief

AI extract

What is this about?

This order directs the respondent authorities to consider the petitioner's request for pilgrims to enter the Reserved Forest to visit a temple. The Court imposes strict conditions on time, entry limits, and conduct, restricting permission to the specific Margazhi festival period rather than granting it perpetually.

What did the court decide?

Direction to the Wildlife Warden to grant permission to a maximum of 1,500 devotees to enter the Reserved Forest from 15.12.2018 to 17.12.2018 subject to specific time limits and conditions.

V.Muraliganesh Vs the District Collector — Environment and Pollution | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2018 CORAM:

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THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

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W.P. (MD) No. 24687 of 2018

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V. Muraliganesh ... Petitioner

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-vs-

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The District Collector, Madurai District, Madurai.

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The District Collector, Virudhunagar District, Virudhunagar.

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The District Forest Officer, Virudhunagar District, Virudhunagar.

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The Executive Officer, Arulmigu Sundaramahalinga Swamy Temple,

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Sathuragiri,

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Madurai District. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Third Respondents to consider the representation of the Petitioner dated 03.12.2018 and to grant permission to offer poojas on the First day of Marzhali Month namely on 16.12.2018 and to conduct Annathanam earlier to the poojas on 15.12.2018.

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For Petitioner :Mr.D.R.Murugesan For Respondents :Mr. D. Muruganantham, Additional Government Pleader, (for R1 to R3) Mr. S. Manohar (for R4)

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O R D E R

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(Order of the Court was made by P.D. AUDIKESAVALU, J. )

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The Petitioner is a devotee of Arulmigu Sundaramahalinga Swamy Temple (hereinafter referred to as 'the Temple' for short) situated https://hcservices.ecourts.gov.in/hcservices/ in the Reserved Forest and the Grizzled Squirrel Wildlife Sanctuary in the Sathuragiri Hills. The Petitioner had made a representation

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dated 03.12.2018 to the Third Respondent, viz., the District Forest Officer, Virudhunagar, for permitting the Petitioner and other devotees accompanying him to enter that forest from 15.12.2018 to 17.12.2018 for the purpose of visiting the Temple to perform special poojas and conduct annadanam for the other visiting devotees on the first day of holy Tamil month of Margazhi, which falls on 16.12.2018. As there has been no response for the same, the instant Writ Petition has been filed in this Court seeking a direction to the First to Third Respondents to consider the representation dated 03.12.2018 for grant of permission that has been sought.

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Heard Mr. D.R. Murugesan, Learned Counsel appearing for the Petitioner, Mr. D. Muruganantham, Learned Additional Government Pleader, appearing on behalf of the First to Third Respondents and Mr. S. Manohar, Learned Counsel appearing for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

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The Learned Additional Government Pleader, on instructions, states that the representation of the Petitioner had been forwarded to the Wildlife Warden, Srivilliputhur, who is now seized of the same and is willing to grant permission to a maximum of 1,500 devotees visiting the Temple on the following terms and conditions:-

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(i) The devotees shall not carry or use any polythene or plastic materials.

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(ii) The devotees shall not take any combustible articles inside the forest area.

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(iii) The devotees shall travel only through the permitted route to reach the Temple.

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(iv) The devotees shall not enter into any other area in the Reserved Forest.

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(v) The devotees shall enter the forest areas from 6.00 a.m. to 4.00 p.m. on 15.12.2018 and 16.12.2018 and all of them shall return latest by 4.00 p.m. on 17.12.2018.

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It is further informed by him that the Forest Department is working out the modalities for regulating the entry of the devotees visiting the Temple through the Reserved Forest on a perpetual basis and in such circumstances, the permission that may be granted to the Petitioner and other devotees in this Writ Petition shall be confined in respect of the festival to be held on the first day of the holy Tamil month Margazhi of this year.

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The Learned Counsel appearing for the Fourth Respondent, on instructions, states that the facilities in the Temple can accommodate a maximum of 1,500 persons at a given point of time and a representative of the Temple would be present at the entry point https://hcservices.ecourts.gov.in/hcservices/ of the Reserved Forest to identify the devotees visiting the Temple.

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Having regard to the aforesaid submissions made and the measures needed to protect the environment and regulate the use of the available facilities, we are of the considered view that the Wildlife Warden, Srivilliputhur, shall consider the request made by the Petitioner and other similarly placed persons to enter the Reserve Forest for the purpose of visiting the Temple from 6.00 a.m. to 4.00 p.m. on 15.12.2018 and 16.12.2018 subject to the condition that all of them shall return latest by 4.00 p.m. on 17.12.2018 and shall abide by the aforesaid conditions imposed by the Forest Department. The maximum number of persons, who shall be granted such permission on “first come, first serve basis” for the aforesaid period shall not exceed 1,500 persons.

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It is also made clear that this order passed is applicable only to the aforesaid limited period and the entry of the devotees visiting the Temple through the Reserved Forest shall be governed by the regulations that may be decided by the competent authority for the future in accordance with law.

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6.The Writ Petition is disposed on the aforesaid terms. No costs.

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Sd/Assistant Registrar(Records) /True Copy/

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Sub Assistant Registrar(cs-III)

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The District Collector, Madurai District, Madurai.

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The District Collector, Virudhunagar District, Virudhunagar.

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The District Forest Officer, Virudhunagar District, Virudhunagar.

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The Executive Officer, Arulmigu Sundaramahalinga Swamy Temple, Sathuragiri, Madurai District.

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+1cc to Mr.D.R.Murugesan Advocate in SR.No.100372

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W.P.(MD).NO.24687 of 2018 14.12.2018

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https://hcservices.ecourts.gov.in/hcservices/ VJT

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SPSKN SAR3 14.12.2018 3P 6C

V.Muraliganesh v. the District Collector

Case brief

What is this about?

What did the court decide?

V.Muraliganesh v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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