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Madras High CourtWP(MD)/17011/2024disposed of

S.N.Subhash Chandra Bose v. The District Collector

2024-07-25Honourable Mr Justice G.R.Swaminathan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.14648, 14650 & 14652 of 2024 1.S.N.Subhash Chandra Bose 2.P.Rathinaraj 3.M.Subramanian 4.Mayilraja 5.Thirumalaiselvi 6.Kottaimani 7.Vinitha 8.Sundari 9.Selvi ... Petitioners Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Forest Officer, Tirunelveli Division, 1/8

N.G.O. 'A' Colony, Tirunelveli.

3.The Field Director and Chief Conservator of Forest, Kalakad Mundathurai Tiger Sanctuary, N.G.O. 'A' Colony, Tirunelveli.

4.The Deputy Director, Kalakad Mundathurai Tiger Sanctuary, No.11, Agasthiyar East Street, Ambasamudram, Tirunelveli District.

5.The Sub Collector, Cheranmahadevi, Tirunelveli District.

6.The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

7.S.Vinod (R.7 is suo motu impleaded vide order of this Court dated 25.07.2024) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in the impugned notification in Che.Ve.No.369 dated 22.07.2024, on the file of fifth respondent and quash the same as illegal and directing the respondents to permit the petitioners to stay in and around the Shri Sorimuthu Ayyanar Temple, Karaiyar, Ambasamudram Taluk, Tirunelveli District, at nights from 27.07.2024 to 05.08.2024 to celebrate the Adi Ammavasai festival at the temple.

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For Petitioners : Mr.D.Venkatachalam For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.6 Mr.R.Alagumani for R.7

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Special Government Pleader appearing for the official respondents and the learned counsel appearing for the intervenor. 2.When the matter was taken up for hearing, the learned Special Government Pleader produced copy of G.O(Ms)No.3 Environmental and Forest Department dated 12.01.2018. Paragraphs 10 to 12 of the said Government Order (GO) read as follows:

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The learned Special Government Pleader clarifies that notification impugned in this writ petition is subject to the aforesaid Government Order.

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3.Recording the said submission, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

25.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Forest Officer, Tirunelveli Division, N.G.O. 'A' Colony, Tirunelveli.

3.The Field Director and Chief Conservator of Forest, Kalakad Mundathurai Tiger Sanctuary, N.G.O. 'A' Colony, Tirunelveli.

4.The Deputy Director, Kalakad Mundathurai Tiger Sanctuary, No.11, Agasthiyar East Street, Ambasamudram, Tirunelveli District.

5.The Sub Collector, Cheranmahadevi, Tirunelveli District.

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G.R.SWAMINATHAN,J.

MGA 6.The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

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