W.P.Crl.(MD)No.263 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025 CORAM THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.263 of 2025 and W.M.P.(MD)No.67 of 2025 T.Vanathurai ... Petitioner versus 1. The Superintendent of Police, Virudhunagar District. 2. The District Forest Officer, Srivilliputtur Forest Range, Virudhunagar District. 3. The Forest Officer, Rajapalayam Forest Office, Rajapalayam, Virudhunagar District. 4. The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 18.06.2025 on the file of the respondent No.4 and quash the same as illegal and 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.263 of 2025 consequently, direct the respondents to grant permission to the petitioner's community to stay and conduct the traditional pooja at “Neerkaatha Iyyanar Temple” from 28.06.2025 (5.00 P.M) to 29.06.2025 (8.00 A.M.) or on any other date within the time as stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For R1, R2 and R4: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For R3 : Mr.F.Deepak, Special Government Pleader ORDER The petitioner, claiming to be a devotee of Arulmigu Neerkaatha Iyyanar Swamy, has submitted a representation to the 4th respondent, seeking permission for conducting traditional pooja at “Arulmigu Neerkaatha Iyyanar Temple” from 28.06.2025 (5.00 P.M) to 29.06.2025 (8.00 A.M.). The representation of the petitioner was rejected by the 4th respondent, by his order dated 18.06.2025, by referring the earlier order of this Court passed in W.P.(MD)No.11295 of 2023 dated 04.05.2023 and since the temple is situated well within the Reserve Forest, they cannot be permitted to conduct festival and pooja during night hours. 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.263 of 2025 Challenging the same, the petitioner has moved this writ petition. 2. It appears that similar relief has already been sought for before this Court by way of filing a writ petition in W.P.(MD)No.11295 of 2023 and this Court, by order dated 04.05.2023, disposed of the writ petition, permitting the petitioner therein and the devotees for worshipping of Arulmigu Neerkatha Ayyanar Swamy between 9.00 a.m and 3.00 p.m., considering that the temple is situated within the Reserve Forest. 3. The Deputy Director of Srivilliputhur-Megamalai Tiger Reserve Forest is present before this Court. The Deputy Director submits that a portion of the temple is within the Reserve Forest and there is a stream about 20 meters wide passing through this temple. The devotees, who are visiting the temple, have to cross the 20 meters wide river. This river is situated inside the Forest area and there is a possibility of flash flood. He further submits that it is also an elephant migration area. There will be movement of elephants, leopards, and sloth bear during night hours. 4. This Court considered the rival submissions made. 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.263 of 2025 5. The petitioner, seeking permission to conduct traditional pooja at “Arulmigu Neerkaatha Iyyanar Temple” from 28.06.2025 (5.00 P.M) to 29.06.2025 (8.00 A.M.), has submitted a representation and the same was rejected by the 4th respondent by order dated 18.06.2025. 6. Admittedly, a portion of the temple lies in the Forest area. There cannot be any activities inside the forest area. However, certain relaxations are provided to the devotees to have dharsan in the temple. As pointed by the Deputy Director of Srivilliputhur-Megamalai Tiger Reserve Forest, the movement of animals during night hours will be more and it would be difficult for the Police as well as to the Forest Department to provide security for the persons, who are participating in the festival. 7. However, considering the request made by the petitioner that he is performing pooja from time immemorial, the impugned order dated 18.06.2025 passed by the 4th respondent is set aside, with liberty to the petitioner to restrict the time of performing pooja and worshipping the 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.263 of 2025 deity in the daytime and submit a fresh representation to the respondents. On receipt of any such representation, the same shall be considered by the respondents by imposing usual conditions, restricting the time of performing pooja and worshipping the deity in the daytime. 8. Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 23.06.2025 Index : Yes / No. Internet : Yes / No. NCC : Yes / No. ogy To 1. The Superintendent of Police, Virudhunagar District. 2. The District Forest Officer, Srivilliputtur Forest Range, Virudhunagar District. 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.263 of 2025 B.PUGALENDHI, J. ogy 3. The Forest Officer, Rajapalayam Forest Office, Rajapalayam, Virudhunagar District. 4. The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. W.P.Crl.(MD)No.263 of 2025 23.06.2025 6/6 https://www.mhc.tn.gov.in/judis