S.Subash v. The District Forest Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.05.2026

CORAM

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and THE HONOURABLE MS.JUSTICE R.POORNIMA S.Subash ... Petitioner Vs.

The District Forest Officer, Tenkasi Division, Kaalaankarai, Senkottai, Tenkasi District 627 809.

...Respondent

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondent from collecting any bathing fee from the public at Old Courtallam Falls pursuant to the announcement published in the Dinamani newspaper dated 06.05.2026 and consequently direct the respondent to permit the general public to access and bathe in Old Courtallam Falls without collection of any unauthorized fee.

For Petitioner : Mr.R.Poovalingam For Respondent : Mr.Lingadurai Special Government Pleader 1/4

ORDER

(Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.) The writ petition is filed for a Mandamus, forbearing the respondents from collecting any bathing fee from the public at Old Courtallam Falls pursuant to the announcement published in the Dinamani newspaper dated 06.05.2026 and consequently direct the respondents to permit the general public to access and bathe in Old Courtallam Falls without collection of any unauthorized fee.

2. When the matter came up for hearing, the learned Special Government Pleader would submit that the fee is not unauthorized. Earlier, when a similar public interest litigation was filed, by order dated 16.06.2022 in W.P(MD)No. 11987 of 2022, this Court had permitted to levy such fees and dismissed the Public Interest Litigation. A copy of the said order is also placed on record. Pursuant thereto, the Government has also authorised collection of such fee by issuing G.O(Ms)No.11, Environment and Forests (FR.5) Department, dated 08.02.2018. In view thereof, it cannot be said that the levy of fee is unauthorized when it is expressly enabled by a government order, that too after an order has been passed by this Court.

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3. In view thereof, keeping open the liberty to the petitioner, if he is so aggrieved to challenge the government order, the fee that is collected cannot be said to be the unauthorized and the prayer in this writ petition cannot be countenanced. As such, the writ petition stands dismissed. As a matter of fact, what is charged is not for bathing but it is only an entry fee. No costs. [D.B.C., J.] & [R.P., J.] 20.05.2026 : No bala To The District Forest Officer, Tenkasi Division, Kaalaankarai, Senkottai, Tenkasi District 627 809.

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D.BHARATHA CHAKRAVARTHY , J.

and R.POORNIMA , J.

bala ORDER MADE IN DATED :

20.05.2026 4/4