Madras High Court
B.Danasekaran vs Union Of India on 9 September, 2022
Author: R.Mahadevan
Bench: R.Mahadevan, J.Sathya Narayana Prasad
W.P(MD)No.14180 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.14180 of 2015
and
M.P(MD)Nos.1 to 3 of 2015
B.Danasekaran ... Petitioner
vs.
1.Union of India,
Represented by
The Principal Secretary,
Department of Environment and Forest,
Government of India,
New Delhi.
2.The Director,
Project tiger,
New Delhi.
3.The State of Tamilnadu,
Represented by
The Principal Secretary,
Department of Environment and Forest,
State of Tamilnadu,
Fort St.George,
Chennai.
4.The Principal Chief Conservator of Forest,
Office of the Principal Chief Conservator of Forest,
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W.P(MD)No.14180 of 2015
State of Tamilnadu,
Chennai.
5.The Conservator of Forest,
Office of the Conservator of Forest,
Tirunelveli District.
6.The Field Director,
Kalakad Mundanthurai Tiger Reserve,
Tirunelveli District.
7.The District Collector,
Tirunelveli District.
8.The Commissioner,
Ambasamuthiram Municipality,
Tirunelveli District.
9.The Superintendent of Police,
Office of the Superintendent of Police,
Tirunelveli District.
10.The Temple Trustee,
Arulmigu Sorimuthuaiyanar Temple,
Singampatti Jameen,
Karairar,
Ambasamuthiram Taluk,
Tirunelveli District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Mandamus, directing the Respondents
to take immediate action to prevent the vehicle movements inside the
Kalakad Mundanthurai Tiger Reserve, particularly, through Papanasam
cheak-post from 6 p.m. to 6.a.m., prevent parking of vehicles in the forest
area inside the reserve forest, make arrangements for the vehicles for
dropping passengers and leave the reserve, construct speed breakers all
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W.P(MD)No.14180 of 2015
along the road from Papanasam to Karayar to slow vehicle speed, to allow
the vehicles in convoys to minimize road kills of animals in Sorimuthaiyan
temple festival, prevent the usage of horn inside forest, prevent any form of
camping inside the tiger reserve area, monitor and direct the shopkeepers
and people to deposit the litter in proper collection points before they vacate
the place, strictly continue the check and fine system against carrying
plastic and liquor, constitute special task force for protect forest, wildlife and
for conducting festival in accordance with wild life protection Act and other
environmental legislations, prevent tourism in Karyar dam during the
festival to relieve pressure on wildlife, forest and protection, to arrange for
more frequent collection of garbage, take necessary action to collect
garbage from the Agasthiar falls, Karayar dam and Banatheertham area, to
provide separate drinking water for affected Kani settlement till 4-6 weeks
after the festival, take appropriate action to prevent the usage of bleaching
powder/DDT near the temple to reduce the chlorine content in Karaiyar
river, take appropriate action for the proper disposal of garbage that is
collected during the festival, to prevent the peoples from camping outside
the temple land, restrict prolonged stay in the forest area, prevent the
usage of sachets, plastic bags, liquor, bottles, prevent the people from
burning plastic and other articles, prevent the people from occupying forest
area for stay during temple festival, prevent the usage and sale of soap,
shampoo, oil in Servalaru river, direct the shopkeepers to sell all pooja items
in recyclable trays, prevent the sale of food products available in plastic
sachets, prevent the officials to dispose the collected garbage in the forest
or river, to maintain adequate number of toilets and dispose human waste
out side the forest and prevent the mixing of human waste in the forest or
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W.P(MD)No.14180 of 2015
river, to create slaughter spaces away from the river and in accordance with
law, and to create awareness through electronic and printing media.
For Petitioner : Mr.R.Alagumani
For R1 : Mr.D.Saravanan
Central Government Standing Counsel
For R3, R5 & R7 : Mr.R.Ragavendran, Government Advocate
For R8 : Mr.P.Athimoolapandian, Standing Counsel
For R9 : Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by R.MAHADEVAN, J.) The petitioner who is a practicing Advocate, has filed this public interest litigation seeking various directions for protection of Kalakad Mundanthurai Tiger Reserve. After making a study of research conducted by an environment organisation namely, Ashoka Trust for Research in Ecology and the Environment, the petitioner made a detailed representation dated 03.08.2015, to the respondents for protection of Kalakad Mundanthurai Tiger Reserve and finding no need to it was paid, he has filed this public interest litigation.
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2. Though the petitioner has sought for a larger relief and subsequently filed M.P(MD)No.3 of 2015, to amend the prayer to the effect that directing the respondents to take necessary action on the basis of his representation dated 03.08.2015, in the light of the report by a Trust namely, Ashoka Trust for Research in Ecology and the Environment(ATREE), today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it is suffice, if a direction is issued to the respondent Nos.3, 6, 7 and 8, to consider his representation 03.08.2015 and the report of the ATREE submitted to the District Collector, Tirunelveli, and pass orders on merits and in accordance with law.
3. In view of the limited relief sought for, without expressing any opinion on the claim made by the petitioner, the respondents Nos.3, 6, 7 and 8 are directed to consider the representation of the petitioner dated 03.08.2015 and the report of the Ashoka Trust for Research in Ecology and the Environment(ATREE), regarding Kalakad-Mundanthurai Tiger Reserve Campaign Sorimuthyian Temple, Karaiyar Forest-issues, impacts and recommendations for the future 2006-2007, submitted to the District Collector, Tirunelveli District, purely on merits and in accordance with law 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.14180 of 2015 within a period of eight weeks from the date of receipt of a copy of this order.
4. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
[R.M.D.,J.] & [J.S.N.P.,J.]
Index : Yes / No 09.09.2022
Internet : Yes
bala
To
1.The Principal Secretary,
Union of India,
Department of Environment and Forest, Government of India, New Delhi.
2.The Director, Project tiger, New Delhi.
3.The Principal Secretary, State of Tamilnadu, Department of Environment and Forest, State of Tamilnadu, Fort St.George, Chennai.
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4.The Principal Chief Conservator of Forest, Office of the Principal Chief Conservator of Forest, State of Tamilnadu, Chennai.
5.The Conservator of Forest, Office of the Conservator of Forest, Tirunelveli District.
6.The Field Director, Kalakad Mundanthurai Tiger Reserve, Tirunelveli District.
7.The District Collector, Tirunelveli District.
8.The Commissioner, Ambasamuthiram Municipality, Tirunelveli District.
9.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.
7/8https://www.mhc.tn.gov.in/judis W.P(MD)No.14180 of 2015 R.MAHADEVAN,J.
and J.SATHYA NARAYANA PRASAD,J.
bala ORDER MADE IN W.P(MD)No.14180 of 2015 DATED : 09.09.2022 8/8 https://www.mhc.tn.gov.in/judis