V.Senthilkumar v. The District Forest Officer

ORDER The writ petition is filed for a mandamus to direct the respondents to grant permission to enter the Tiger Reserve Forest for the festival of Thottichiyamman, Irulappasamy, Agni Veeraputhiran, Ezhu Kannimarsamy, Pali Karuppasamy and Sangili Karuppasamy situated at Thalayanipparai in western ghats for the festival schedule on 25.04.2026.

¶2Heard Mr.A.Vadivel, learned counsel for the petitioner and Mr.P.Thambidurai, learned Government Advocate, who takes notice for the respondents.

¶3Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it is stated that the petitioner and the other families has been customarily worshipping the above said deities situated within the reserve forest area, which has been declared as a tiger reserve area. All these years, the devotees have been customarily worshipping and conducting rituals without causing any disturbance to nature. At present, they are seeking permission from the authorities; however, the same has not been granted. Hence, the petitioner has filed the present writ petition.

¶4Per Contra, the learned Government advocate appearing for the respondents would submit that the Deputy Director, Srivilliputhur Megamalai Tiger Reserve, Megamalai Division, is the competent authority to take a call with reference to the petitioner's representation. He would further submit that the timings prayed in the representation filed by the petitioner dated 22.01.2026 as such cannot be granted as there are predatory tigers found in the area.

¶5I have considered the rival submissions made on either side and peruse the material records of the case.

¶6It is not the case of the respondents that no such customs existed. It is stated that, all along, without any official permission, the petitioner and similarly situated persons have been entering the reserve forest, particularly the tiger reserve for worshipping their dieties. Therefore, it is appropriate that they may be permitted to go with due permission and with such security measures.

¶1Therefore, the writ petition is disposed on the following terms:- i. The petitioner is directed to file an additional representation to the Deputy Director, Srivilliputhur Megamalai Tiger Reserve, Megamalai Division, within a period of one week from the date of receipt of a web copy of the order, without waiting for the certified copy of the order. ii. The Deputy Director, Srivilliputhur Megamalai Tiger Reserve, Megamalai Division is directed to take up the representations of the petitioner. iii. Due notice shall also be given to the petitioner. iv. The Deputy Director, Srivilliputhur Megamalai Tiger Reserve, Megamalai Division, shall first verify the existence of the customary right and whether the petitioner and similarly situated persons have been worshipping the said deities. v. If so, the Deputy Director, Srivilliputhur Megamalai Tiger Reserve, Megamalai Division, shall fix the maximum number of persons who may be permitted and allow such worship subject to due precautionary and regulatory measures. vi. It is needless to mention that there must be thorough ban on items such as plastics and such other offensive materials which will be taken inside the reserve forest. vii.The petitioner shall also bear in mind that their forefathers and ancestors were nature worshippers and therefore, the entire exercise should be in a natural and eco-friendly manner as per the directions and conditions that may be imposed by the Deputy Director, Srivilliputhur Megamalai Tiger Reserve, Megamalai Division. viii. All contentions of the parties are kept open, and it is for the Deputy Director, Srivilliputhur Megamalai Tiger Reserve, Megamalai Division, to pass appropriate orders, including a finding that no such customary practice exists . ix. The said exercise shall be completed within a period of two weeks from the date of filing of the additional representation filed by the petitioner. x. No costs.

09.03.2026 Index: Yes Speaking Order: Yes rgm To

¶1The District Forest Officer, Virudhunagar Division, Near Avin, Srivilliputhur, Virudhunagar District.

¶2The Divisional Forest Officer, Collectorate Campus, Virudhunagar District.

¶3The Forest Ranger, Srivilliputhur Forest Range, Near C.M.S.Hr. Sec.School, Senpagathoppu Road, Srivilliputhur, Virudhunagar District.

D.BHARATHA CHAKRAVARTHY, J. rgm

09.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-03-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Senthilkumar ... Petitioner Vs. 1. The District Forest Officer, Virudhunagar Division, Near Avin, Srivilliputhur, Virudhunagar District. 2. The Divisional Forest Officer, Collectorate Campus, Virudhunagar District. 3. The Forest Ranger, Srivilliputhur Forest Range, Near C.M.S.Hr. Sec.School, Senpagathoppu Road, Srivilliputhur, Virudhunagar District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS or any other appropriate writ or direction in the nature of Writ, directing the respondents to grant permission for the festival of Thottichiyamman, Irulappasamy, Agni Veeraputhiran, Ezhu Kannimarsamy, Pali Karuppasamy and Sangili Karuppasamy situated at Thalayanipparai in western ghats and festival schedule on 25.04.2026 and 26.04.2026 and based on the petitioners representation dated 22.01.2026 and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.A.Vadivel For Respondents : Mr.P.Thambidurai Government Advocate