E.Subaya v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.5842 of 2025 E.Subaya ... Petitioner -Vs1.The Secretary, Environment & Forest Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.
2.The Conservator of Forests, Tenkasi Circle, NGO Colony, (RTO Office Back Side), 3.The District Collector, O/o. The District Collector, Collectorate Building, Rail Nagar, Tenkasi-627 811.
4.The District Forest Officer, O/o. the District Forest Officer (Tenkasi),
5.The Forest Ranger (Tenkasi), O/o. The Forest Ranger Tenkasi, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents not to impose any oral restricts, in terms of accessing and bathing, by changing the existing practice / facility that is vogue, from time immemorial in Old Coutrallam falls in Tenkasi District, Tamil Nadu based on the petitioner's village Panchayat President's letters dated 26.02.2022, 21.06.2022 and 26.12.2024 as such an exercise is violative of Article 19(1)(d) of the Constitution of India, 1950.
For Petitioner : Mr.Dhanseeli For Respondents : Mr.P.Thilak Kumar, Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.According to the petitioner, through Village Panchayat President he made several representations dated 26.02.2022, 21.06.2022 and 26.12.2024 to the 3rd respondent not to impose any oral restrictions in respect of accessing and
bathing, by changing the existing practice / facility that is vogue from time immemorial in Old Coutrallam falls in Tenkasi District, Tamil Nadu. However, the same had not been considered so far. Therefore, he has filed this Writ Petition with the aforesaid prayer.
3.Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for the respondents, submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.
4.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the appropriate authority to consider the representation of the petitioner dated 26.12.2024, after giving sufficient opportunity of hearing to the petitioner and pass appropriate orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 05.03.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Secretary, Environment & Forest Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.
2.The Conservator of Forests, Tenkasi Circle, NGO Colony, (RTO Office Back Side), 3.The District Collector, O/o. The District Collector, Collectorate Building, Rail Nagar, Tenkasi-627 811.
4.The District Forest Officer, O/o. the District Forest Officer (Tenkasi), 5.The Forest Ranger (Tenkasi), O/o. The Forest Ranger Tenkasi,
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.5842 of 2025 05.03.2025