L.T.Nature Glamps v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.19967 2024 and W.M.P.(MD)No.16936 of 2024 L.T.Nature Glamps, Rep. by its Proprietor, M.P.L. Thangaraj, S/o. M.P. Lakshmanan, 2/244, Koil Street, Poombarai, Kodaikanal, Dindigul District.
...Petitioner
-vs1.The Director, Department of Tourism, Government of Tamilnadu, Tourism Complex, No.2, Wallajah Road, Chennai - 600002.
2.The Managing Director, Tamilnadu Tourism Development Corporation, Tourism Complex, No.2, Wallajah Road, Chennai - 600002.
3.The Assistant Director, Department of Tourism, P.T. Road (Poet Thiyagaraya Road), Kodaikanal - 624101.
Dindigul District.
...Respondents
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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the Respondents to conduct inspection of the petitioner's camp-site situated in his Patta land bearing Patta no. 2192, comprised in S.No. 341/1C in an extent of 95,000 sq. feet of Punja land in Poombarai village, Kodaikanal Taluk, Dindigul District as per the guidelines for Registration of the Camping Operators (2022), pursuant to the petitioner's online application for registration of campsite and to issue Certificate of Registration to the petitioner.
For Petitioner : Mr.D.Rajagopal For Respondents : Mr.D.Sadiq Raja Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the Respondents to conduct inspection and to issue Certificate of Registration to the petitioner's camp-site situated in his Patta land in S.No. 341/1C at Poombarai village, Kodaikanal Taluk, Dindigul District pursuant to the petitioner's online application. 2.Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
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3.The case of the petitioner is that the petitioner submitted an application through online mode along with all the required documents to the first respondent for operating a camping site as introduced by the Tamil Nadu Tourism Department. However, the date of inspection could not be specified as the said option to choose the date for inspection was locked in online. Since the same was not done, the Certificate of Registration was not granted to the petitioner and the petitioner is not in a position to operate the camping site. Hence, the petitioner has filed this writ petition.
4.The learned Additional Government Pleader for the respondents submitted that though the application has been submitted by the petitioner on 09.06.2024, the registration fee was paid only on 01.08.2024. He further submitted that the application of the petitioner is under consideration and the inspection will be carried out as per the guidelines prescribed by the Tamil Nadu Tourism Department. 5.As there is no dispute with regard to the submission of online application and payment of required fee by the petitioner, the authorities concerned are directed to conduct an inspection in the petitioner premises 3/6
as per the guidelines issued in this regard and pass appropriate orders within a period of two (2) months from the date of receipt of a copy of this order.
6.Considering the fact that the subject matter involves nature, this Court had perused the guidelines for the registration of Camping Operators issued by the Government of Tamil Nadu, Tourism Culture and Religious Endowments Department. Though some guidelines have been issued with regard to waste disposal, there is no strict guidelines with regard to the prevention of plastics and other liquor bottles inside the camps. Unless, the entry of liquor bottles and plastics are prevented in the initial stage, it will lead to dumping of the bottles and the plastics in private forest area, which lead to serious environmental concern. 7.This aspect has not been taken care of by the Government while framing guidelines. At the end of the day, the protection of mother nature should be ensured. At the cost of environment, there should not be any activities in the forest area, which will lead to the catastrophe as happened in the neighboring State. Therefore, the Government shall ensure that the proper mechanism /system will put in place for allowing 4/6
the camping sites by ensuring that there is no degradation to the existing environment.
8.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta To:
1.The Director, Department of Tourism, Government of Tamil Nadu, Tourism Complex, No.2, Wallajah Road, Chennai - 600002.
2.The Managing Director, Tamil Nadu Tourism Development Corporation, Tourism Complex, No.2, Wallajah Road, Chennai - 600002.
3.The Assistant Director, Department of Tourism, P.T. Road (Poet Thiyagaraya Road), Kodaikanal - 624101.
Dindigul District.
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N.SATHISH KUMAR, J.
ta 21.08.2024 6/6