Court dismissed a PIL seeking permission for devotees to conduct Karthigai Deepam poojas at a temple inside a reserve forest. Balancing safety concerns and ecological fragility against religious freedom, the court ruled it could not issue positive direction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.12.2019
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
AND
THE HONOURABLE MRS. JUSTICE R.HEMALTHA
WP.No.30169 of 2019 and WMP.No.34399 of 2019
Mr.D.Saravanan ...Petitioner
Vs
1.The Chief Secretary
Government of Tamil Nadu
Fort St.George,
Chennai 600 009.
2.The Secretary to Government
Forest and Environment Department
Fort St.George,
Chennai 600 009.
PRAYER:Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the respondents to grant the permission to conduct the pooja during the month of Tamil calender month of Karthigai more specifically 17.11.2019 to 16.12.2019 and also to lit on the Maha Karthigai Deepam from 10.12.2019 to 12.12.2019 at the
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7th hills, Vellingiri Suyambu Aandavar (Kappukkadu Block II Reserve Forest Area), Poluvampatti Range, Perur, Coimbatore based on the representations of the petitioner dated 20.08.2019.
For Petitioner : Mr.P.Prakash Paul
For Respondents: Mr.A.N.Thambidurai Additional Government Pleader for R1 & R4
Mr.Vijaya Prasath Special Government Pleader for R2 & R3
Mr.R.Rajesh Vivekananthan for R5
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,]
The Writ Petition is styled as a Public Interest Litigation. The petitioner claims to be an ardent devotee of Arulmigu Thenkayila Andavar Temple which is situate at Velliyangiri Hills. The petitioner would state that the temple came into existence about 300 years ago and devotees are having traditional right to conduct prayer in the Tamil Month of 'Karthigai' by lighting devotional light called 'Karthigai Deepam'.
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documents and would submit that for decades together, devotees used to climb the temple and perform poojas during the Tamil Month of 'Karthigai' and also light lamp for the purpose of getting blessing from the presiding deity and alleging that the forest has been declared as Reserve Forest and citing some untenable reasons, the devotees traditional right rather their religious freedom is sought to be curtailed by the official respondents and the representation submitted in this regard have been responded by citing untenable and unjustifiable reasons and hence prays for appropriate directions and rather one time exemption so as to enable the devotees to go atop the hills and perform their religious duties.
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a rocky hill at a height of 6000 feet from sea level and is well amongst the rainy forests of Western Ghats and only a healthy person can make the trek and it will take nearly 12 hours for a healthy person to complete the up climb and down climb and the climate at that sanctum sanctorum is highly chilly throughout the year and during summer only, it will be conducive to the devotees and unless the person having good health condition, he cannot complete the trek. Lot of devotees had also lost their life on account of the strenuous trek made by them. It is further stated by the 5th respondent that since it is impossible for the most of the devotees to climb the hill and perform their religious duties, a Temple was constructed at Foot hills of Poondi, several centuries ago so as to enable the duties to perform their poojas. The devotees can reach the Temple and perform their poojas also. It is further averred that it is only the Temple staff authorised by the 5th respondent can perform the pooja and it has been done several years also and in the absence of any custom or right, the petitioner, as a matter of right, cannot seek appropriate direction directing the Forest Department to grant permission to enter the reserve forest and perform religious function and duty including lightning of Karthigai Deepam during the Tamil Month of 'Karthigai' and prays for dismissal of this Writ Petition.
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devotees to undertake the trek should be supreme and the counter affidavit of the respondents would disclose that some of the devotees had also lost their life during up hill and down hill climb from the said temple and the suitable weather condition to make such a visit is only during the months of March and April. As rightly pointed out by the learned counsel appearing for the 3rd respondent in the counter affidavit, the area in and around the temple is located at about 6000 feet and it is ecologically fragile area and in the event of any spark of fire, there is every likelihood of great forest fire, which would not only endanger the animals but also affect the green grass cover of the forest area and would definitely result in environmental and ecological disaster. It is not as if the devotees are totally prevented from climbing the hill and worshiping the presiding deity and it is also the stand of the respondents 3 and 5 that during the months of March and April, though it was restricted in number, lakhs and lakhs of devotees are visiting the said temple and as such, the petitioner, who claims to be a devotee, cannot be expected to make any grievance in this regard.
sk
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To
1.The Chief Secretary
Government of Tamil Nadu
Fort St.George,
Chennai 600 009.
2.The Secretary to Government
Forest and Environment Department
Fort St.George,
Chennai 600 009.
3.The District Forest Officer,
Coimbatore Division
Avinashilingam Home Science College Post,
Mettupalayam Road, Coimbatore 641 043.
4.The Collector, Coimbatore District,
State Bank Road, Gopalapuram,
Coimbatore-641 018.
5.The Executive Officer,
HR&CE
Velliyangiri Temple Administration
Poondi, Chemmudu, Coimbatore District.
+1cc to Government Pleader SR.NO. 102532
+1cc to Special Government Pleader(forest) sr.101950
+1cc to Mr.P.Prakash Paul, Advocate sr.102341
+1cc to Mr.Rajesh Vivekananthan, Advocate sr.102298
+1cc to Mr.P.Ayyaswamy, Advocate sr.102003
WP.No.30169 of 2019
pa(co)
nr 14/02/2020
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2 issues framed by the court
Whether permission can be issued enabling devotees to visit a temple situated within a reserve forest and perform religious duties like lighting Karthigai Deepam during a specific period.
Whether the petitioner has a right or custom permitting entry into the reserve forest for worship outside the usual permitted months of March and April due to safety and ecological fragility concerns.
1 provisions across 1 enactments
Mr. D. Saravanan
Chief Secretary, Government of Tamil Nadu
Secretary to Government, Forest and Environment Department
District Forest Officer, Coimbatore Division
Collector, Coimbatore District
Executive Officer, HR&CE Velliyangiri Temple Administration
M. SATHYANARAYANAN
R.HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
