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2025 DAILYLAW 105686 (MAD)

ARULMIGU SRI VISLAKSHI v. THE GOVERNMENT OF TAMILNADU

WP/36401/2025 · 2025-09-26

V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

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1/8 WP No. 36401 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-09-2025 CORAM THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN WP No. 36401 of 2025 Arulmigu Sri Visalakshi Udanurai Kasi Viswanatha Swami Alayam Trust, Represented By its Secretary S.Selvi W/o. Mr.Subash, No. 18 Amman Koil Street, Thiruneermalai Road, Kadpaeri, West Tambaram, Chenani 600 045. Petitioner(s) Vs 1. The Government of Tamil Nadu Rep By Secretary, Forest and Environmental Department, Fort St George, Chennai 600 009. 2.Principal Chief Conservator of Forest, Panagal Maligai Saidapet, 600 015. 3.The District Collector, O/o. District Collector Office, Chengalpattu. 4.The Distirct Forest Officer, O/o. District Forest Office, Chengalpattu District. 5.The Forest Range Officer, Tambaram Forest Range, Tambaram, Chennai 600 045. Respondent(s) https://www.mhc.tn.gov.in/judis 2/8 WP No. 36401 of 2025 PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records of the 5th respondent proceedings in Na Ka No.111/2025 dated 26.07.2025 and quash the same and consequently, direct the 3rd and 5th respondents herein to provide the access to the temple directly from the Thiruneermali road, Kadaperi. For Petitioner(s): Mr.S.Vijayakumar For Respondent(s): Mr.M.S.Premkumar Government Advocate, for R1, R2, R4 & R5 Mr.M.s.Arasakumar Government Advocate for R3 ORDER The petitioner is a Trust. It claims that it is performing Annadhanam and other connected services at the Arulmigu Sri Visalakshi Sametha Kasi Viswanatha Swami Alayam at Kadaperi Village, Tambaram Taluk, Chengalpattu District. 2.The petitioner alleges that the temple is more than 1000 years old and the only way to the temple is through a 500 feet pathway from Thiruneermalai road. The petitioner, aggrieved by the fact that access was not given to the https://www.mhc.tn.gov.in/judis 3/8 WP No. 36401 of 2025 temple, moved this Court by way of a writ petition in a W.P.No.14435 of 2023. When the writ petition was taken up for hearing, the learned Additional Government Pleader had, on instructions, stated that the right of way would be given in the following terms: kDjhuh; jpUkjp/nf/ eph;kyh mth;fs; nfhhpa[s;s mUs;kpF _ tprhyhl;rp clDiu fhrp tp!;tehj Rthkp Myak; vd;gJ brd;dd tdf;nfhl;lk;. jhk;guk; tdr;rufj;jpw;F cl;gl;l g[ypf;bfhuL fhg;g[f;fhl;od; vy;iyf;fw;fy; vz;/19?f;Fk; 20?f;Fk; ,ilapyhd fhg;g[f;fhl;od; btspna g[wk;nfhf;F epyj;jpy; mike;Js;ssJ/ ,f;nfhtpYf;F bry;Yk; gf;jh;fs; fhg;g[f;fhl;oDs; bry;Yk; ,U ntW kz;ghijfis gad; gLj;jp ,e;ehs; tiu jhprdk; bra;J tUfpd;wdh;/ ,g;ghijfs; ,uz;Lk; chpik tHpg;ghijfs; (Right of way) my;y/ nfhtpYf;F bry;Yk; ghijfspy; xd;W 250 kPl;lh; bjhiyt[ fhg;g[gf;fhl;oDs; brd;W kWKidapy; MEPZ-SEZ f;F chpj;jhd gpujhd rhiyia milfpwJ/ kW tHp Rkhh; 50 kPl;lh; fhg;g[f;fhl;oDs; brd;W flg;nghp fpuhk rhiyia milfpwJ/ ,Jehs; tiu tdj;Jiw rhh;gpy; nfhtpYf;F gf;jh;fs; bry;y vt;tpj jila[k; Ml;nrgida[k; tpjpf;fg;gltpy;iy/ https://www.mhc.tn.gov.in/judis 4/8 WP No. 36401 of 2025 3.Recording the same, this Court disposed of W.P.No.14435 of 2023 holding that there will be no prohibition or restraint by the District Forest Officer and Forest Range Officer, Chengalpattu District and Tambaram Range, respectively, for devotees to use the existing two pathways to reach the temple. The petitioner states that after this order was passed, when they had approached the Forest Range Officer, Tambaram Range, for accessing the pathway to the temple, he refused to permit the same. Hence this writ petition. 4.When the writ petition was taken up for hearing, Mr.Kamala Hasanan, Forest Range Officer, Tambaram Range, Tambaram, was present in Court. He pointed out that the Pulikoradu area is a Notified Reserved Forest, and it is difficult to permit the same for non-forest use. However, he stated that access through a footpath is available for devotees to have access to the temple. For the purpose of clarity, he was directed to produce a plan showing the access pathway. The Forest Range Officer has given a plan. By that plan, the existing way through revenue land, as well as the pathway in the Reserved Forest, have https://www.mhc.tn.gov.in/judis 5/8 WP No. 36401 of 2025 been clearly demarcated in Green and Blue. For ready understanding, the plan is scanned and extracted as hereunder:- 5.Since the forest department has granted access to the petitioner and the precise footpath has also been demarcated, the grievance of the petitioner does https://www.mhc.tn.gov.in/judis 6/8 WP No. 36401 of 2025 not exist anymore. The plan is recorded. The forest department will not interfere with the ingress and egress of the devotees, as long as they stick to the demarcated pathway. 6.Accordingly, the writ petition stands disposed of. No Costs. 26-09-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis 7/8 WP No. 36401 of 2025 To 1. The Government of Tamil Nadu Rep By Secretary, Forest and Environmental Department, Fort St George, Chennai 600 009. 2.Principal Chief Conservator of Forest, Panagal Maligai Saidapet, 600 015. 3.The District Collector, O/o. District Collector Office, Chengalpattu. 4.The Distirct Forest Officer, O/o. District Forest Office, Chengalpattu District. 5.The Forest Range Officer, Tambaram Forest Range, Tambaram, Chennai 600 045. https://www.mhc.tn.gov.in/judis 8/8 WP No. 36401 of 2025 V.LAKSHMINARAYANAN J. sli WP No. 36401 of 2025 26-09-2025 https://www.mhc.tn.gov.in/judis