Madras High Court
T.R.G.Mohan Dass Mahanth (Deceased) vs Principal Chief Conservator Of Forests ... on 31 January, 2024
Author: S.M.Subramaniam
Bench: S.M. Subramaniam
2024:MHC:6035
WP No.19527 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31-01-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM
WP No.19527 of 2020
And
WMP Nos.24145 of 2020
1.T.R.G.Mohan Dass Mahanth (Deceased)
2.Mrs.M.Banumathi alias Sumathi,
W/o.late T.R.G.Mohan Dass Mahanth
[2nd petitioner substituted vide order
of Court dated 31.01.2024 made in
WMP No.1984 of 2024 in
WP 19527 of 2020] .. Petitioners
-vs-
1.Principal Chief Conservator of Forests and
Chief Wildlife Warden,
Office of the Principal Chief Conservator of
Forests,
Panagal Maligai,
Saidapet,
Chennai-600 015.
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WP No.19527 of 2020
2.The Forest Range Officer,
Mandapam Wildlife Range,
Mandapam-623 520,
Ramanathapuram District. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorari, calling for the records in
respect of the order dated 28.11.2020 bearing Ref.No.WL1/17775/2008
passed by the first respondent and the order dated 11.12.2020 bearing
Ref.No.C.No.147/2020 dated 11.12.2020 passed by the second respondent
and quash the same.
For Petitioner : Mr.J.Viswanathan
For Respondents : Mr.G.Krishna Raja,
Additional Government Pleader.
ORDER
The order dated 28.11.2020 passed by the first respondent- Principal Chief Conservator of Forests and Chief Wildlife Warden and the Page 2 of 8 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No.19527 of 2020 order dated 11.12.2020 passed by the second respondent-Forest Range Officer, asking the deceased first petitioner to surrender the wildlife articles (coral stones – 29 Nos.), are under challenge in the present writ petition.
2. The deceased first petitioner states that he was the Madathipathi of Bairagi Vaishnava Thulasi Baba Mutt, which was duly confirmed by the order dated 14.12.2016 passed by the Joint Commissioner of Hindu Religious and Charitable Endowments Department under Hindu Religious Charitable Endowments Act, 1959.
3. The Mutt is in existence for more than 300 years and providing service to travellers and pilgrims coming to worship Lord Ramanathaswamy temple in Rameshwaram. The pilgrims/sadhus/sanyasis stayed in the deceased first petitioner's Mutt and performed poojas.
4. During nature's fury at Dhanushkodi in the year 1964, the deceased first petitioner's Mutt at Dhanushkodi was destroyed. The idols and coral stones, which are believed to be used for construction of bridge by Lord Ram to reach Srilanka remains safe and the same were shifted to the Page 3 of 8 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No.19527 of 2020 deceased first petitioner's Mutt at Rameshwaram. The said idols and coral stones were installed in the deceased first petitioner's Mutt and poojas were performed daily. The devotees used to visit the deceased first petitioner's Mutt after worshipping Lord Ramanathaswamy temple to complete their yatra.
5. The second respondent-Forest Range Officer, Mandapam Wildlife Range, conducted an enquiry regarding possession of coral stones by the deceased first petitioner's Mutt and instructed the Mutt to obtain appropriate certificate from the first respondent-Principal Chief Conservator of Forests and Chief Wildlife Warden. The deceased first petitioner submitted an application for ownership regarding possession of 29 Nos. coral stones in the Mutt in the year 2008 and the said application was not processed. It was kept pending for several years. Finally, the second respondent-Forest Range Officer passed the impugned order directing the petitioner to surrender the coral stones. Thus, the present writ petition came to be instituted by the petitioner.
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6. Mr.J.Viswanathan, learned counsel for the petitioner would submit that as per the provisions of the Wildlife Protection Act, the coral stones kept in the deceased first petitioner's Mutt are not falling under any of the category. Schedule-I Part-K provides certain kinds of corals. But the petitioner states that the corals kept in the deceased first petitioner's Mutt is not falling under any of those categories and therefore, the impugned order is liable to be set aside.
7. Perusal of the order impugned would reveal that there is no description of coral stones nor particulars are provided. Whether the coral stones kept in the deceased first petitioner's Mutt is falling under the provisions of the Wildlife Protection Act or not, is to be examined by the Experts at the first instance and only if such coral stones are falling under the Wildlife Protection Act, then the second petitioner has to get necessary certificate for the purpose of possessing such coral stones in the deceased first petitioner's Mutt. In the absence of any such examination of coral stones by the Experts or enquiry, one cannot direct the deceased first petitioner's Mutt to surrender the coral stones.
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8. In view of the ambiguity in the order impugned and further, the scientific name alone has been provided, whether those coral stones in the deceased first petitioner's Mutt are falling under the provisions of Wildlife Protection Act or not, is to be thoroughly examined. In the present case, no such enquiry was conducted by the Experts nor the order would indicate the nature of coral stones kept in the deceased first petitioner's Mutt.
9. That being the factum established, the order impugned merely directing the deceased first petitioner to surrender the coral stones, cannot be sustained.
10. Accordingly, the order impugned passed by the first respondent-Principal Chief Conservator of Forests and Chief Wildlife Warden dated 28.11.2020 bearing Ref.No.WL1/17775/2008 and the order passed by the second respondent-Forest Range Officer in Ref.No.C.No.147/2020 dated 11.12.2020 stand quashed and the present writ petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed. Page 6 of 8 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No.19527 of 2020 31-01-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No Svn To
1.Principal Chief Conservator of Forests and Chief Wildlife Warden, Office of the Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai-600 015.
2.The Forest Range Officer, Mandapam Wildlife Range, Mandapam-623 520, Ramanathapuram District.
S.M.SUBRAMANIAM, J.
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