W.P.(MD).No.6431 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025 CORAM THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.6431 of 2025 and W.M.P.(MD)No.4722 of 2025 S.Balasubramani ... Petitioner -vs- 1.The Forest Settlement Officer, Bodinayakkanur, Camp Andipatti, Theni District. 2.The Forest Ranger, Madurai Range, Madurai. 3.The Tahsildar, Madurai West, Madurai. 4.The Assistant Commissioner, HR & CE, Madurai. 5.The Special Tahsildar, Temple Lands, Madurai. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to forbear the respondents, their men, agents or servants or any one claiming under him from in any manner interfering with the rights of the devotees and the temple administration in respect of the lands in S.No.258 and S.No.259, Kodimangalam Village, Madurai West Taluk, Madurai District. 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.6431 of 2025 For Petitioner : Mr.V.R.Shanmuganathan For R1 and R2 :Mr.C.Venkatesh Kumar For R3 to R5 : Mr.K.S.Selvaganesan Additional Government Pleader ***** ORDER This Writ Petition has been filed for issuance of a Writ of Mandamus to forbear the respondents, their men, agents or servants or any one claiming under him from in any manner interfering with the rights of the devotees and the temple administration in respect of the lands in S.No.258 and S.No.259, Kodimangalam Village, Madurai West Taluk, Madurai District. 2.The case of the petitioner is that the petitioner is the Hereditary Trustee of Arulmighu Nagamalai Naga Theertham Nageswarar Thirukovil, Kodimangalam Village, Madurai West Taluk, Madurai District, which is under the administration of the HR & CE Department. The Temple is situated in the midst of the reserve forest and as per the petitioner, the lands in the aforesaid survey numbers are classified as Vandipathai and Tharisu in the revenue records and the devotees of the Temple are using the said lands as a pathway till 2023. Thereafter, the Forest Department claiming rights over those lands has imposed several conditions by restricting the devotees from 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.6431 of 2025 using the said lands. In the meantime, the Government of Tamil Nadu has announced several development schemes to the Temple. However, the petitioner, as well as the HR & CE Department, are not in a position to carry out those development schemes because of the restrictions imposed by the Forest Department. Hence, the petitioner has made several representations to the Forest Department not to interfere with the rights of the devotees from accessing the lands in question. However, the representation of the petitioner has not been considered till date. Hence, the petitioner has approached this Court. 3.When the matter is taken up for hearing, Mr.C.Venkateshkumar, learned Special Government Pleader for the respondents 1 and 2 submitted that the representation of the petitioner has been rejected by the second respondent through orders, dated 12.11.2024 and 25.02.2025 and the only remedy available to the petitioner, is to approach the first respondent. 4.Recording the submission made by the learned Special Government Pleader for the respondents 1 and 2, the Writ Petition is disposed of with liberty to the petitioner to file an appeal challenging the proceedings of the second respondent, dated 12.11.2024 and 25.02.2025 within the prescribed 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.6431 of 2025 time limit and if any such appeal is filed, the first respondent is directed to consider the same and after affording sufficient opportunity of hearing, the first respondent shall pass appropriate orders on merits and on accordance with law within a period of two months from the date of filing of the appeal. No costs. Consequently, connected miscellaneous petition is closed. 25.03.2025 NCC : Yes/No Index : Yes / No cmr To:- 1.The Forest Settlement Officer, Bodinayakkanur, Camp Andipatti, Theni District. 2.The Forest Ranger, Madurai Range, Madurai. 3.The Tahsildar, Madurai West, Madurai. 4.The Assistant Commissioner, HR & CE, Madurai. 5.The Special Tahsildar, Temple Lands, Madurai. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.6431 of 2025 VIVEK KUMAR SINGH, J. cmr Order made in W.P.(MD)No.6431 of 2025 25.03.2025 5/5 https://www.mhc.tn.gov.in/judis