Madras High Court
The Deputy Director/Conservator ... vs M.Gopinathan on 20 April, 2021
W.A.(MD)No.1114 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1114 of 2019
and
C.M.P(MD)No.9963 of 2019
The Deputy Director/Conservator of Forests,
Kalakad Saranalayam
Kalakad - 627 501,
Nanguneri Taluk,
Tirunelveli District. ... Appellant
Vs.
M.Gopinathan ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 22.08.2019 made in W.P.(MD)No.19205 of 2018 on the
file of this Court.
For Appellant : Mr.K.P.Krishnadoss
Special Government Pleader
For Respondent : Mr.R.Murugan
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W.A.(MD)No.1114 of 2019
JUDGMENT
*************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mr.K.P.Krishnadoss, learned Special Government Pleader for
the appellants and Mr.R.Murugan, learned Counsel appearing for the
respondent.
2.This writ appeal filed by the Government is directed against the
order dated 22.08.2019 passed in W.P.(MD)No.19205 of 2018. The writ
petition was filed by the respondent herein challenging the order passed by the
appellant, dated 04.04.2018 and for a consequential direction to permit the
petitioner to ply his Jeep bearing Registration No.TN-74-AK-8499 from
Thirukankudi to Malainambi Temple.
3.Learned Writ Court disposed of the Writ Petition issuing certain
directions by permitting the plying of the Jeep and also for the performance of
annathanam. When the writ appeal was heard for admission, the following
interim order was passed on 01.11.2019 :-
"Notice to the respondent through Court and
privately for the hearing on 10.12.2019.
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W.A.(MD)No.1114 of 2019
2. We have heard Mr.S.Angappan, learned
Government Advocate appearing for the appellant.
3. The question to be tested in this case is
whether the private party / writ petitioner shall be
entitled as a matter of right to take his private vehicle
inside a reserved forest that too in a hilly terrain. It is
no doubt true that in the area in question, there is a
temple in the hill. However, the Forest Department has
permitted a list of Jeeps owned by the persons residing
in the village to transport passengers to the temple every
Saturday.
3. Mr.L.Andiappan, Forest Guard, who is
present in Court submits that this procedure was
adopted to ensure that all the Jeep Drivers and owners
are not affected and this practice has been notified and
implemented without any hindrance.
4. It is submitted by the learned Government
Advocate that the Forest Department has permitted
Annathanam to be performed in the temple on certain
festivals dates and for transportation of material to
conduct Annathanam, the Forest Department states that
it has to be transported in a single tractor. But the writ
petitioner insists that he will take the material in his
private Jeep and he is sponsoring Annathanam. Prima
facie there is no vested right to the writ petitioner for
such transportation.
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W.A.(MD)No.1114 of 2019
5. We were surprised to know that very
recently, the Forest Department has taken a decision to
permit Annathanam in the hilly temple and the material
to be transported. It is not clear as to how the Forest
Department will be able to monitor the disposal of the
waste aspects, when a large number of devotees are
being fed in the hilly temple. This could seriously affect
the environment. Therefore, we direct the appellant to
explain as to how such practice has been adopted very
recently, when earlier Forest Department did not permit
to conduct such feeding rituals in the hilly temple.
6. For the above reasons, while entertaining
the writ appeal, there will be an order of interim stay of
the directions issued by the learned Single Bench until
further orders.
7. List this writ appeal on 10.12.2019."
4.The learned counsel appearing for the respondent / writ petitioner
submitted that as of now, nothing survives for consideration in this writ appeal,
as the period fixed in the impugned order in paragraph No.10 is already over.
We have not agreed over the said submission, since the larger issue is involved
as to whether the writ petitioner has a right to ply his jeep in a reserve forest and
also to perform certain religious activities. It is a settled legal position that
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W.A.(MD)No.1114 of 2019
nobody has got any vested right to carry on any activity or tread into the reserve
forest. Therefore, the order passed in the writ petition is called for interference.
5. Accordingly, this Writ Appeal is allowed and the impugned order is
set aside. No costs. Consequently, connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
20.04.2021
Index : Yes / No
Internet : Yes / No
RM
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
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W.A.(MD)No.1114 of 2019
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)No.1114 of 2019
20.04.2021
https://www.mhc.tn.gov.in/judis/
