Madras High Court
Vikramasingapuram Anaithu Samuthaya ... vs The Principal Secretary on 3 June, 2025
Author: S.Srimathy
Bench: J. Nisha Banu, S.Srimathy
W.P.(MD)Nos.24086 and 28602 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 24.03.2025
PRONOUNCED ON : 03.06.2025
CORAM:
THE HONOURABLE MRS. JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)Nos.24086 and 28602 of 2022
and
W.M.P.(MD)Nos.20842 and 22619 of 2022
W.P.(MD)No.24086 of 2022:
Vikramasingapuram Anaithu Samuthaya Peraval,
Represented by its President,
S.Murugan,
D.No. 82A/17,
North Pillaiyar Kovil Street,
Vikramasingapuram Post,
Ambasamudram Taluk,
Tirunelveli District. ... Petitioner
Vs.
1. The Principal Secretary,
Environment and Forest Department,
State of Tamil Nadu,
Office of St. George Fort, Chennai.
2. The Principal Chief Conservator of Forests,
(HEAD OF DEPARTMENT),
Panagal Maaligai,
Jeenis Road, Saidapet,
Chennai.
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W.P.(MD)Nos.24086 and 28602 of 2022
3.The Director,
Directorate,
Kalakad-Mundanthurai,
Tiger Reserve Area,
Ambasamudram-Papanasam-Upper Dam Road,
Papanasam, Tirunelveli District.
4.The Joint Director,
Tiger Reserve Area,
Ambasamudram Taluk, Tirunelveli District.
5.The District Collector,
District Collectorate, Tirunelveli District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 5
to consider the representation, dated 12.05.2022 and to pass appropriate orders to
stop the collection of entry fees from the public to reach and take bath in
Agasthiyar falls and Kalyanatheertham in Papanasam, Ambasamudram Taluk,
Tirunelveli District within a time stipulated by this Court.
For Petitioner : Mr.V.Meenakshi Sundaram
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.P.Thilak Kumar
Government Pleader
W.P.(MD)No.28602 of 2022:
E.Subaya ... Petitioner
Vs.
1. Environment and Forest Department,
Represented by its Principal Secretary,
Fort St. George, Secretariat,
Chennai-600 009.
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W.P.(MD)Nos.24086 and 28602 of 2022
2.The Deputy Director cum Wild Life Warden cum
Project Director,
Kalakkadu Mundathurai Tiger Reserve,
Mukkudal Road,
Ambasamudhram-627 401.
3.The District Collector,
Tirunelveli. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to forbear the respondents 1 and
2 from collecting entrance fee from the local residents and their vehicles more
particularly local residents of Ambasamudram Constituency more particularly at
the Papanasam forest toll gate enroute to Shri Arulmigu Agasthiryar Thirukovil,
Arulmigu Sorimuthu Ayyanar Thirukovil and Agastriya falls.
For Petitioner : Mr.S.Chellapandian
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.P.Thilak Kumar
Government Pleader
***
COMMON ORDER
(Order of the Court was delivered by S.SRIMATHY, J.) Both the writ petitions are filed raising same and similar issues, hence both taken up together and common order is passed.
3/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022
2.(i) The writ petition in W.P.(MD)No.24086 of 2022 is filed as public interest litigation by the registered society namely Vikramsingapuram Anaithu Samudhaya Peravai for issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to consider the representation, dated 12.05.2022 and to pass appropriate orders to stop the collection of entry fees from the public to reach and take bath in Agasthiyar falls and Kalyanatheertham in Papanasam, Ambasamudram Taluk, Tirunelveli District within a time stipulated by this Court.
2.(ii) The writ petition in W.P.(MD)No.28602 of 2022 is filed as public interest litigation by the sitting Member of Legislative Assembly (MLA) for Ambasamudram Constituency for issuance of a Writ of Mandamus, to forbear the respondents 1 and 2 from collecting entrance fee from local residents and their vehicles more particularly the local residents of Ambasamudram constituency at the Papanasam Forest Toll Gate, enroute to Shri Arulmigu Agasthriyar Thirukovil, Arulmigu Sorimuthu Ayyanar Thirukovil and Agastriya falls.
3. The brief facts as stated in W.P.(MD)No. 24086 of 2022 are that the Papanasam is within Vikramasingapuram Municipality, Ambasamudram Taluk, Tirunelveli District situated in the foot hills of Western Ghats. The State of Tamil Nadu established the Kalakad-Mundandhurai Tiger Reserve area in this locality 4/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 near to Servalaru Dam. From the Vikramasingapuram-Papanasam main road the Arulmigu Papanasa Swamy Temple is situated, which is famous temple. Within small distance from the temple before reaching the lower camp there is Agasthiyar Falls, which is dedicated the public. Near to the Falls there are two small temples namely Agasthiyar temple and Kodilingeshwarar temple, famously known as "Kalyana Theertham" and having a religious importance. As per Saiva Philosophy, it is believed that Lord Shiva and Parvathy gave dharshan to Saint Agasthiyar in this particular place. In passage of time, this place was developed into a tourism and large number of persons would visit because of Agasthiyar falls having water throughout the year. The petitioner further stated that after crossing this area namely Agasthiyar falls, then only the public can reach Papanasam lower camp. Thereafter only the respondent's Forest department check post is there and their office for Tiger Reserve Area is situated above the lower camp and far away from the Agasthiyar falls. In other words, only from the point where the Forest Department office situated, the respondent forest area starts. It is submitted that not only the public from other parts of the state but the majority of residents of Vikramasingapuram, Papanasam visit Agasthiyar falls daily as a routine to take bath. Infact it is a routine to take holy water from Kalyanatheertham to the temple in and around that area. Hence it is evident "Agasthiyar falls" at "Kalyana Theertham" area are far away from Tiger Reserve Area and its much below from 5/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 Papanasam Lower camp and easily accessible to the public of Vikramasingapuram and Papanasam.
4. The Government of Tamil Nadu vide G.O.(MS) No.11 dated 08.02.2018 increased the entrance fee for all types of vehicles into Mudhumalai and other Tiger Reserve Areas. The respondents herein more particularly the Forest Department quoting this Government Order and started collecting entry fees for all vehicles even to visit Agathiyar Falls. This entry fee is collected apart from vehicle parking fees. The main grievance of the public is that the forest department by having a check post even in the entry point of Agasthiyar falls exactly at the point where "Kayal Park" is situated, entry fees are collected by the Forest Department. Infact immediately after Covid lockdown the Forest Department collected entry fee to take bath in Agasthiyar Falls itself at the rate of Rs.30/- per adult person, which is apart from Vehicle Parking fees. When the entire public of that locality protested as taking bath in Agasthiyar falls is a Fundamental Right, the respondents stopped issuing such receipts (Agasthiyar Falls entry receipts) and started to issue receipts as entry fees. The grievance expressed by the petitioner peravai is that the Forest Department cannot restrict and cannot collect entry fees from the public who visits Agasthiyar Falls, Kalyana Theertham, Agasthiyar Temple and Kodilingeshwarar Temple, because the public 6/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 visits these places daily as a routine in their life and the tiger reserve check post is situated much far away from the locality. In order to present the nature and physical features of these areas, drawing / sketch is produced and also produced the entry fee receipts and vehicle parking fee receipts issued in different point of time after Covid-19. The act of collection of entry fee at the rate of Rs.30/- for adult person to visit Agasthiyar falls and Kalyana Theertham apart from vehicle parking fees directly violates the Fundamental Right of Free Movement and Right to bath in Agasthiyar Falls. Infact the respondents are collecting entry fees in the first check post which is the place much before the Agasthiyar Falls and also collecting the entry fees to enter into the above said falls apart from the fee collected at the first check post. Hence various representations were submitted on 02.02.2022, 18.04.2022, 12.05.2022. Infact on after the representation dated 12.05.2022, the fee collected before the entry into Agasthiyar falls in the name of "Agasthiyar Falls” was changed and collected as "Entry fees". Inspite of various representations made on my behalf no action was taken. Hence the present writ petition.
5. The brief facts as stated in W.P.(MD)No.28602 of 2022 are that the famous and traditional temple namely, Shri Arulmigu Agasthriyar Thirukovil, Arulmigu Sorimuthu Ayyanar Thirukovil located inside the forest and is closer to 7/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 Kalakkadu Mundathurai Tiger Reserve, besides temple there is a famous falls namely Agasthiyar Falls. The people following Hindu faith visit the above temple which is an integral part in their religion and faith. The 2nd respondent Deputy Director cum Wild life Warden cum Project Director of the Kalakkadu Mundathurai Tiger Reserve Forest collects entrance fee from all persons passing through Papanasam towards the temple and waterfalls. Such entry fee is also collected from the local residents and the rate is fixed as Rs.30/- for an adult Rs. 50/- for entry for a car. Until 2018, there was no such entrance fee. The 1st respondent Government issued G.O.Ms.No.11, Environment and Forest (FR-5) Department, dated 08.02.2018, by which the entry fee for the tiger reserve was introduced with an intention to enhance the income of the forest department through the tourist visit. However, the G.O., does not specifically impose such fee on local residents and the citizens in and around the Reserve Forest. The phrase used in the G.O., is “entrance fee for vehicles and visitors”, hence the petitioner claims such fee should not be levied on the local residents who visit the temple on regular basis. The one of the religious practices of the local residents is to visit the temple on weekly basis which is followed for years, hence such fee is causing hindrance and unnecessary financial burden. Various representations were submitted seeking exemption of entry fee for the local residents who are possessing valid identity cards, Aadhar cards, etc. The 2nd respondent vide letter, 8/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 dated 11.04.2022, stated that the falls and the temple are situated in the core area within the forest, therefore there is no exemption from the G.O., and declined to consider the plea of the writ petitioner and local residents. Hence, the present writ petition in W.P.(MD)No.28602 of 2022 is filed.
6. The 4th respondent in W.P.(MD)No.24086 of 2022 has filed counter wherein it is stated that the writ petition is not maintainable since the fee is collected as per G.O.Ms.No.11 Environment and Forests (FR-5) Department dated 08.02.2018. The averments stated regarding the existing of temple is true. But at the same time the Kalakad Mundanthurai Tiger Reserve, which comprised of two adjacent wildlife namely Kalakad Wildlife Sanctuary and Mundanthurai Wildlife Sanctuary, both situated in Tirunelveli District was notified in G.O.Ms.No.183 Fisheries and Forest Department dated 06.03.1976 and G.O.Ms.No.2556 Food and Agriculture Department dated 02.08.1962 respectively. The above sanctuary was declared as Critical Tiger Habitats under section 38(v) of Wildlife (Protection) Act 1972 as amended in 2006 vide G.O.Ms.No.145 Environment and Forests (FR-5) Department dated 28.12.2007. The Project Tiger Ambasamudram Division is having total extent of 895 km with objective to protect Tiger Reserve under the management plan of Kalakad Mundanthurai Tiger Reserve. And the project Tiger Reserve is only 567 km. In the project Tiger area, there are two 9/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 waterfalls and they are Banatheertham falls (currently banned for tourist visit) near Karaiyar Dam considered as scared waterfalls (perennial water fall where the Thamirabarani river fills the Karaiyar dam, but visit to this Falls now been prohibited as per the Supreme Court orders) and Agasthiyar falls (where the Thamirabarani river enters the plains. Unlike Courtallam falls, the Agasthiyar falls have perinnial water. The Agasthiyar falls in Papanasam Range is situated just 3 km from the Papanasam check post. The Papanasam check post is the main entry point to the Agasthiyar falls, Banatheertham falls, Sorimuthaiyanar Kovil, Servalar and Mundanturak and everyone can get vehicle entry for the sanctuary. However, the tourists can get their entry tickets at the Papanasma Lower Dam Check post. It is incorrect to state that the Agasthiyar falls and Kaluanan Theertham are away from Tiger Reserve area, the fact is it comes under the Papanasam Reserve Forests and declared as core area and critical tiger habitat. The tiger reserves are faced with ecological disturbances and various other problems, fragmentation of habitats occurs owing to overuse of forest habitats, cattle grazing by villagers in forest leading to ecological degradation apart from disturbance such as temples and commercial activities. Recently vide G.O.Ms.No. 11 the government revised the entry fee for individual vehicles, hire charges for elephant, photography permission with respect to the tiger reserves / national parks / wildlife sanctuaries and bird sanctuaries etc. The fee is only for entry of 10/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 vehicles into protected areas and not for ride inside the protected area. Then fee is collected from the tourist who enter into protected areas of Project Tiger. A similar writ petition was filed in W.P.(MD)No.11987 of 2022 wherein the Court held collecting fees from tourist cannot be faulted and dismissed the writ petition vide order dated 16.06.2022. As far as the allegation that the receipt was issued as “Agasthiyar Falls” then changed into “entry fees”, the respondents submitted since the said fee is collected for entry into Eco-Tourism Zone of Tiger Reserve and not only for Agasthiyar Falls, hence the receipts were issued mentioning as “Entry Fees”. However, no new tourism infrastructure should be permitted in such core and Critical Tiger Habitat. Hence the respondents pray to dismiss the writ petition.
7. The 2nd respondent in W.P.(MD)No.28602 of 2022 has filed a counter wherein it is stated that the Project Tiger Ambasamduram Division an extent of 602.75 Sq.km was declared as Critical Tiger Habitats under Section 38(v) Chapter IV B of the Wildlife Protection Act, 1972 as amended in 2006 vide G.O.Ms.No. 145, Environment and Forests Department, dated 28.12.2007 and G.O.Ms.No. 201, Environment and Forests Department, dated 13.08.2012, on the basis of scientific and objective criteria that such areas are required to be kept as inviolate for the purpose of Tiger conservation. As per G.O.(Ms) No.145, dated 11/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 28.12.2007, Kalakad Mundanthurai Tiger Reserve was declared reserved the entire area of 895 Sq.km. and subsequently an extent of 706.542 Sq.Km was declared as a buffer area of Kalakad Mundanthurai Tiger Reserve totally as follows:
Core area / Critical Tiger Habitat -895.00 sq.km.
Buffer/Peripheral area - 706.542 sq.km.
Vide G.O.(Ms) No.201 Environment and Forests (FR-5) Department, dated 13.08.2012. - 1601.542 sq.km The main intention of fringe entrance fee into tiger project is to curtail the crowd of people into Tiger Reserve. If order is given to be exempt the entrance fees collection from the local people, it is difficult to protect the Project Tiger, since 20 lakhs and above local peoples are residing in V.K.Puram, Sivanthipuram, Ambasamudram, Kallidakurichi, Mannarkoil, Biramadesam, Agasthiyarpatti and Adaiyakarunkulam villages and town. The entrance fee is collected from all people who enter into the protected area through Papanasam check post based on G.O.Ms.No.11, Environment and Forests Department, dated 08.02.2018. The contention of the petitioner that the G.O.Ms.No.11 applies only for tourist and visitors from outside and not for local residents who visit the temples to worship 12/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 their deities in pursuant to their religious belief is not correct, the said GO is common to all people who enter into the Project Tiger (Protected areas). The averment of the petitioner regarding temples, Kalayana Theetham etc. may be true, but the Kalakad Mundanthurai Tiger Reserve ought to protected. However, the entrance fee is not collected from the local and outside people particularly those who intended to visit the Sorimuthaiyanar Temple based on G.O.(D)No.220, Environment and Forest Department, dated 13.07.2004, in which Government has ordered that the entrance fees should not be collected from the pilgrims who visited the temples available in the sanctuary area through vehicle throughout the year, hence the Department is fully being supportive to the pilgrims till date. At the same time, the Government in the above cited has fixed entry fee and ordered to collect entrance fee fixed in G.O.Ms.No.133, Forests and Environment Department, dated 23.07.2003 and thereafter in G.O.Ms.No.11 Environment and Forests Department, dated 08.02.2018, has revised the entrance fees fixed in G.O.Ms.No.133, dated 23.07.2003. The fee is only for entry of vehicles into protected areas where separate rates are fixed and the same is not for ride inside the protected areas. As far as any ride, photography etc. additional fee is levied and separate rate is fixed. Hence based on the rate fixed, the fee is being collected from the tourists who enter into protected areas of Project Tiger, Ambasamudram and fees are not collected from the pilgrims. Therefore, the allegation against the 13/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 respondents that entry fee, parking fee are collected from the local residents at the rate of Rs.20/- and Rs.50/- towards the entry into Tiger Reserve is not correct. The entrance fees are collected from all who visits the Project Tiger areas except pilgrims. The averment that until the year 2018, no such entrance fee was collected to enter into aforesaid areas and subsequently, it is collected as per G.O. (Ms) No.11 is not correct, since already the Government in G.O.(Ms) No.364, Environment and Forests, dated 12.06.1990, had fixed entrance fee for the vehicle and the visitors for entry into Mudumalai and other Wildlife Sanctuaries. Then in G.O.(Ms)No.133, dated 23.07.2003 the fee was enhanced, again in G.O.Ms.No.11 the fee was further enhanced. Till date, no such entrance fees were collected from the pilgrims who visited the temple situated in the sanctuaries or Project Tiger based on the G.O(Ms)No.220, Environment and Forest Department, dated 13.07.2004. The entrance fee was ordered to be collected from the visitors / tourists who enter in to the sanctuary during the month of June 1980. After completion of 13 years, the rate fixed in the above G.O. was revised during July 2003. Thereafter, after 15 years above enhanced rate was revised during 2018.
The main purpose of the fixing entrance fees is to enter into sanctuary in order to protect the flora and fauna from illicitly poaching cutting of valuable trees such as sandalwood and teak trees in the forest area. If the entrance fee is ordered to be exempted from the local people it will make a huge burden to protect the Project 14/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 Tiger since 20 lakhs of people are living in the villages adjacent to the Project Tiger. In addition to that, only one Forest Guard and Forest Watcher are in charge of the check post could not manage and protect the huge number of local people who enter into sanctuary without any entrance fee. Hence, this leads to huge hindrance to the Department in managing and protecting the public from the wild animals. The Government has thoroughly analysed the status of the sanctuary and protection purposes and then only issued the above G.O. However, it has not received any impetus as there were no viable plans drawn and approved so far for the promotion of Eco Tourism in Kalakad Mundanthurai Tiger Reserve. Tourism activities are restricted to a very small zone that amounts to only 36 sq.km. of the reserve area. Under these circumstances, the local residents cannot be exempted from collection of entrance fee. Thus, the 2nd respondent prayed to dismiss the writ petition.
8. The Government has also filed a status report stating that the Foundation was formed, the amount collected by way of fees is being utilised for maintiaining the forest.
9. Heard Mr.V.Meenakshi Sundaram, the Learned Counsel appearing for the petitioner in W.P.(MD)No.24086 of 2022 and Mr.S.Chellapandian the 15/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 Learned Counsel appearing for the petitioner in W.P.(MD)No.28602 of 2022 and Mr.Veera Kathiravan, the Learned Additional Advocate General assisted by Mr.P.Thilak Kumar, the Learned Government Pleader and perused the materials placed before this Court.
10. At the outset this Court is inclined to record that the respondents have taken inconsistent stand in the counter and written statement and such a stand of the respondents cannot be appreciated.
11. It is seen as early as 1990 itself the Government had issued G.O. (Ms)No.364, Environment and Forests, dated 12.06.1990 wherein the government had fixed entrance fee for the vehicle and the visitors for entry into Mudumalai and other Wildlife Sanctuaries. Then the government issued G.O.(Ms)No.133, Environment and Forests (FR-5) Department, dated 23.07.2003 wherein the entry fee was enhanced. Thereafter, the Forest Department sought permission to further increase the fee since the earlier fees were levied 14 years back, hence through G.O.Ms.No.11, Environment and Forest (FR-5) Department, dated 08.02.2018 the government further increased the fees. When the G.O.Ms.No.364 and G.O.Ms.No. 133 was issued, the forest department had collected the fees from the visitors and tourists only. When the G.O.Ms.No.11 was issued, the Forest Department insisted 16/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 fee from the pilgrims also, hence the dispute arose between the Forest Department and the pilgrims and residents of the area. Hence it is relevant to see whether the G.O.Ms.No.11 is granting any power to collect fees from pilgrims and residents of the area and the said G.O.Ms.No.11 is extracted hereunder:
ABSTRACT Forests - Wildlife - Sanctuaries, Tiger Reserves - Enhancement of entrance fee, vehicle parking fee, elephant ride fee and photography fee etc., - Orders - Issued.
__
ENVIRONMENT AND FORESTS (FR.5) DEPARTMENT
G.O.Ms.No.11 Dated:08.02.2018
Read:
1. G.O.(Ms)No: 133, Environment and Forests (FR.5) Department dated 23.07.2003
2. From the Principal Chief Conservator of Forests and Chief Wildlife Warden letter No. WL4/36111/2014, dated: 25.11.2014 and 11.09.2017.
ORDER:
In the Government Order first read above, the entrance fee for vehicles and for visitors for entry into Mudumalai and other wildlife sanctuaries, hire charges for elephant and film shooting fee have been revised.
2. The Principal Chief Conservator of Forests and Chief Wildlife Warden in his letter second read above, has stated that it is necessary to revise the entry fees, hire charges etc, at present as the rates were approved fourteen years ago. Hence he has sent necessary proposals to Government to enhance the entrance fee for individuals, vehicles, hire charges for elephant ride, photography permission with respect to the Tiger Reserves / National Parks / Wildlife Sanctuaries and Bird Sanctuaries.
3. The Government after careful examination of the proposal of Principal Chief Conservator of Forests & Chief Wildlife Warden, revise the entrance fee for individuals, vehicles, hire charges for elephant ride, photography permission with respect to the Tiger Reserves / National Parks / Wildlife Sanctuaries and Bird Sanctuaries etc. as detailed below, which will be effective from 12.02.2018.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 S.No. Category Existing rate Revised Rate approved in For Indian For Foreigners G.O.MS.No.133 citizens E&F dated 23.07.2003 I ELEPHANT HIRE CHARGES AND RIDING CHARGES a. In respect of Mudumalai Rs.15/- per person Rs.600/- for Rs.10,000/- for and Anamalai Tiger per elephant per maximum 4 maximum 4 Reserves (Eco Tourism ride of 30 minutes. persons per persons per Zone only for joy ride) elephant per ride elephant per ride of 60 minutes of 60 minutes b Transit permit to Rs.300/- per Rs.600/- per -
elephant elephant elephant
c Transist permit to all Rs.100/- per transit Rs.300/- per -
other Schedule 1 transit
animals.
II Fee for entry and parking the vehicles: (for a period less than one working day) All
the Tiger Reserves / National Parks / Wildlife Sanctuaries and Bird Sanctuaries an additional fee besides entrance fee shall be levied as detailed below: (The fee is only for entry of vehicles into the protected areas and not for ride inside the protected areas) 1 a) For heavy vehicle Rs.50/- per vehicle Rs.100/- per Rs.1000/- per vehicle vehicle 2 b) Motor Car / Van Rs.15/- per vehicle Rs.50/- per Rs.500/- per vehicle vehicle 3 c) Motor Cycle / Scooter, Rs.5/- per vehicle Rs.20/- per Rs.200/- per Moped etc. vehicle vehicle 4 d) Bicycle Nil Nil Nil As the Vedanthangal Bird Sanctuary is located outside the Reserve Forests and the land is also not belonging to Forest Department the charges on the vehicles parking are collected by respective local bodies, no revision is suggested. VEHICLE SAFARI INSIDE THE SANCTUARIES / TIGER RESERVE USING DEPARTMENT BEHICLES 1 Children above 5 year Nil Rs.50/- per head Rs.500/- per head and below 12 years 2 Adult Nil Rs.200/- per head Rs.2000/- per head 18/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 III Entrance fee for Eco-Tourism zones of Tiger Reserves / National Parks / Wildlife Sanctuaries and Bird Sanctuaries (as per management plan prescriptions on eco-tourism areas) except Arignar Anna Zoological Park, Children’s Park, Guindy, Kurumbapatti Zoo and Amirthi Zoo etc.
a) TIGER RESERVES AND NATIONAL PARKS 1 Children below 5 years No fee No fee No fee 2 Children above 5 year Rs.10/- Rs.20/- per head Rs.200/- per head and below 12 years 3 School Children (age 5 to Rs.2/- Rs.5/- per head Rs.50/- per head 12 years) from Government and aided schools 4 School Children from Rs.10/- Rs.20/- per head Rs.200/- per head private schools (age 5 to 12 years) 5 Adult Rs.15/- Rs.30/- per head Rs.300/- per head
b) WILDLIFE SANCTUARIES 1 Children below 5 years No fee No fee No fee 2 Children above 5 year Rs.10/- Rs.20/- per head Rs.200/- per head and below 12 years 3 School Children (age 5 to Rs.2/- Rs.5/- per head Rs.50/- per head 12 years) from Government and aided schools 4 School Children from Rs.10/- Rs.20/- per head Rs.200/- per head private schools (age 5 to 12 years) 5 Adult Rs.15/- Rs.30/- per head Rs.300/- per head
c) BIRD SANCTUARIES 1 Children below 5 years No fee No fee No fee 2 Children above 5 year Rs.2/- Rs.5/- per head Rs.50/- per head and below 12 years 19/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 3 School Children (age 5 to Rs.0.50 paise Rs.2/- per head Rs.20/- per head 12 years) from Government and aided schools 4 School Children from Rs.2/- Rs.5/- per head Rs.50/- per head private schools (age 5 to 12 years) 5 Adult Rs.5/- Rs.10/- per head Rs.100/- per head
d) ENTRANCE FEE FOR CROCODILE BANK, SATHANOOR DAM AT TIRUVANNAKALAI, AMARAVATHY AT UDUMALPET AND HOKKENAKAL AT DHARMAPURI 1 Adults Nil Rs.10/- per head Rs.100/- per head 2 Children Nil Rs.5/- per head Rs.50/- per head IV PHOTOGRAPHY – TIGER RESERVES & NATIONAL PARKS, WILDLIFE SANCTURAIES BIRDS SANCTUARIES 1 a) Still Camera Rs.25/- Rs.50/- per day Rs.500/- per day 2 b) Handy Camera / Video Rs.150/- Rs.300/- per day Rs.3000/- per Camera day 3 c) Charges for Rs.2000/- Rs.5000/- per day Rs.20,000/- per Documentary educational day films using Handy Camera / Video Camera 4 d) Film shooting (Cine Nil Rs.25,000/- per Rs.1,00,000/- per Movie) in tourism places day day in all sanctuaries other than core area of Tiger Reserve
4. This order issues with the concurrence of Finance Department vide U.O.No.4337 / Fin (AHD&F)/2018 dated 01.02.2018 (By order of the Governor) MD. Nasimuddin Principal Secretary to Government
12. The bare reading of the above G.O.Ms.No.11 would clearly indicate the same is issued to promote “Eco – Tourism” by collecting charges for the said 20/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 eco-tourism. The said G.O. is not issued to collect any charges from the pilgrims or residents of the area. But the respondents are relying on the said G.O.Ms.No.11 wherein it has fixed rate for entry of vehicle and parking of the vehicle. At the cost of repetition that portion alone is extracted:
II Fee for entry and parking the vehicles: (for a period less than one working day) All the Tiger Reserves / National Parks / Wildlife Sanctuaries and Bird Sanctuaries an additional fee besides entrance fee shall be levied as detailed below: (The fee is only for entry of vehicles into the protected areas and not for ride inside the protected areas) 1 a) For heavy vehicle Rs.50/- per vehicle Rs.100/- per Rs.1000/- per vehicle vehicle 2 b) Motor Car / Van Rs.15/- per vehicle Rs.50/- per Rs.500/- per vehicle vehicle 3 c) Motor Cycle / Scooter, Rs.5/- per vehicle Rs.20/- per Rs.200/- per Moped etc. vehicle vehicle 4 d) Bicycle Nil Nil Nil As the Vedanthangal Bird Sanctuary is located outside the Reserve Forests and the land is also not belonging to Forest Department the charges on the vehicles parking are collected by respective local bodies, no revision is suggested.
In the earlier G.O.Ms.No.133 also the respondents were empowered to levy the entry fee Rs.50, Rs.15, Rs.5 and Nil, but the respondents had not levied to the pilgrims and residents however had levied to tourists. All of sudden the respondents started levying charges after issuing G.O.Ms.No.11 by referring to the above portion. The respondents have not explained the reason for levying under G.O.Ms.No.11. When the said G.O.Ms.No.11 specifically refers only for “entry and parking of vehicle for one day” which means only the tourist who arrives in their own vehicle and park it for one day are liable to pay “entry cum 21/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 parking fees”. It is also to be noted there is no entry fee for bicycle and for individuals if they go by walk.
13. When there is no express power to the respondents to levy entry fees for pilgrims and residents, then the respondents cannot levy such fees for pilgrims and residents. At this juncture it is pertinent to note that there is prohibition from levying any charges to pilgrims in G.O.Ms.No.220 Environment and Forest Department dated 13.07.2004. But the contention of the respondents is that subsequent to the G.O.Ms.No.220, the government had issued G.O.Ms.No.11, hence the respondents are empowered to levy fess for pilgrims also. Such contention cannot be accepted. Both the G.O.Ms.No.220 and G.O.Ms.No.11 ought to be read comprehensively without defeating the object of both the G.O.s. Then the result would be the respondents are entitled to levy fees for tourist under G.O.Ms.No.11 but the respondents are restrained from levying fees for pilgrims and residents under G.O.Ms.No.220. Therefore, this Court is of the considered opinion that the levy by the respondents on the pilgrims and residents is illegal and without any power.
14. It is pertinent to mention about the counter of the respondents wherein it is stated that, 22/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 “… There are also in some cases significant village population with large number of cattle which graze in the forest leading to ecological degradation, apart from major scurries of regular or intermittent disturbance such as temples and commercial entitles.” The respondents are allowing all ride i.e. Joy Ride (the G.O. specifically states “Eco Tourism Zone only for Joy Ride”) inside the reserved forests by collecting fees and by this act and activity there is no ecological imbalance. But only when people visit the temples, the ecological imbalance would crept in. This Court deprecate such an attitude of the respondents.
15. Having held so, this Court also imposing certain conditions on the pilgrims and residents as follows:
a. The pilgrims and residents shall not use oils, soaps, detergents and shampoos while bathing in the Agasthiyar falls or any other falls. b. The pilgrims and residents shall not wash their clothes with any detergents in the Agasthiyar falls or any other falls.
23/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 c. The pilgrims and residents are strictly prohibited from using any plastics when they visit the temples and falls.
d. The pilgrims and residents shall not spoil the environment by spilling over food and other items in the forest area.
16. In short the pilgrims and residents who visits temples in the forest area by showing reverence to the temple and the deity, shall also show the same reverence to the forest area, falls and the environment.
17. The respondents may consider for issuing identity cards to the local people or local residents or for issuing any passes or any other method so that the pilgrims and residents are having smooth visits to the temples and falls.
18. For the reasons stated above, the respondents are restrained from collecting entry fees from the pilgrims and their vehicles and local residents and their vehicles to reach and take bath in Agasthiyar falls and Kalyanatheertham in Papanasam and to visit Shri Arulmigu Agasthiryar Thirukovil, Arulmigu Papanasa Swamy Temple, Kodilingeshwarar temple and Arulmigu Sorimuthu Ayyanar Thirukovil and any other temples. The writ petitions are allowed as 24/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 10:48:47 am ) W.P.(MD)Nos.24086 and 28602 of 2022 stated supra. No costs. Consequently, connected Miscellaneous Petitions are closed.
[J.N.B., J.] [S.S.Y., J.]
03.06.2025
Index : Yes / No
Tmg
To
1. The Principal Secretary,
Environment and Forest Department,
State of Tamil Nadu,
Office of St. George Fort, Chennai.
2. The Principal Chief Conservator of Forests,
(HEAD OF DEPARTMENT),
Panagal Maaligai,
Jeenis Road, Saidapet,
Chennai.
3.The Director,
Directorate,
Kalakad-Mundanthurai,
Tiger Reserve Area,
Ambasamudram-Papanasam-Upper Dam Road,
Papanasam, Tirunelveli District.
4.The Joint Director,
Tiger Reserve Area,
Ambasamudram Taluk, Tirunelveli District.
5.The District Collector,
District Collectorate, Tirunelveli District.
6.The Deputy Director cum Wild Life Warden cum
Project Director,
Kalakkadu Mundathurai Tiger Reserve,
Mukkudal Road, Ambasamudhram-627 401
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W.P.(MD)Nos.24086 and 28602 of 2022
J.NISHA BANU, J.
and
S.SRIMATHY, J.
Tmg
W.P.(MD)Nos.24086 and 28602 of 2022
03.06.2025
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