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2025 DAILYLAW 203483 (MAD)

KOMALI v. THE CHIEF CONSERVATOR OF FOREST

WP/45846/2025 · 2025-11-28

V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

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WP No. 45846 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-11-2025 CORAM THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN WP No. 45846 of 2025 1. Komali S/o.Ramasamy, Siruvachoor Village And Post, Thalaivasal Taluk, Salem District. 2.P.Chelladurai S/o.Periyasamy, Varakoor Village And Post, Thalaivasal Taluk, Salem District. 3. Murugesan, S/o.Ariya Gounder, Varakoor Village. 4. Manickam, S/o.Periyasamy, Siruvachoor Village And Post. 5.Chinnasamy, S/o.Periyasamy, Siruvachoor Village And Post. 6. Murugavel, S/o.Ramasamy, Siruvachoor Village And Post. 7. Chinnasamy, S/o.Ramasamy, Varakoor Village And https://www.mhc.tn.gov.in/judis WP No. 45846 of 2025 Post. 8. Chinnasamy, S/o.Komali, Varakoor Village And Post. 9. Murugesan, S/o. Komali, Varakoor Village And Post. 10. Arumugam, S/o.Ramasamy, Varakoor Village And Post. 11.Ariya Gounder S/o.Peiryasamy, Varakoor Village And Post. 12. Vasudevan, S/o.Duriayan, Selliyampalayam, Chinnasalem Taluk, Kallakurichi District. Petitioner(s) Vs 1. The Chief Conservator of Forest Forest Headquarters Building, Guindy, Chennai-600 032. 2.District Collector, Office of Collectorate, Kallakurichi District. 3.The District Forest Officer, Kallakurichi & District. https://www.mhc.tn.gov.in/judis WP No. 45846 of 2025 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider petitioner and other petitioner’s representation dated 01.09.2025 and directing the respondents to issue permission to renovate the Komadurai Karuppannan Swami Temple situated at Thakarai Forest, Kallakurichi District within the time frame fixed by this Honourable Court. For Petitioner(s): Mr.V.Gunasekar For Respondent(s): Dr.T.Seenivasan Special Government Pleader ORDER The petitioner states that the Komadurai Karuppannan Swami Temple is their family deity. Civil litigation had been taken with respect to the Pujari rights in the High Court atleast 120 years ago. The petitioner states that it ended in favour of the petitioner’s ancestors in S.A.No.2519 of 2012. 2. The petitioners have been performing pooja in the said temple. The temple now requires urgent renovation works and therefore the petitioners https://www.mhc.tn.gov.in/judis WP No. 45846 of 2025 approached the respondents, seeking permission to renovate the temple as it falls within the Thakkarai Forest Range. As no action was taken, the petitioner is before this Court. 3. When the matter was taken up today, Dr. Seenivasan, learned Special Government Pleader, brought to the notice of this Court the instructions he has received from the District Forest Officer, Kallakurchi Forest Division, Kallakurichi, stating that the temple is situated at the foothills of the Kalvarayan Hills and falls under the category of dense forest. It is further stated that visitors and devotees are disposing non-degradable materials within and nearby the temple premises. 4. In addition, it is pleaded that as it is a non-forest use, the petitioners have to make a request to the Central Government, and after consideration, appropriate orders will be passed. https://www.mhc.tn.gov.in/judis WP No. 45846 of 2025 5. Mr.Gunasekar says that the appropriate application will be filed within one week. His statement is recorded. 6. Dr.Seenivasan says that once the application is made, the same will be processed within two weeks thereafter. His statement is also recorded. 7. The writ petition is disposed of. However, there shall be no order as to costs. 8. List the matter ‘For Compliance’ after four weeks. 28-11-2025 (1/2) kak Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 45846 of 2025 https://www.mhc.tn.gov.in/judis WP No. 45846 of 2025 To 1.The Chief Conservator Of Forest Forest Headquarters Building, Guindy, Chennai-600 032. 2.District Colelctor Office Of Collectorate, Kallakurichi District. 3.The District Forest Officer, Kallakurichi And District. https://www.mhc.tn.gov.in/judis WP No. 45846 of 2025 V.LAKSHMINARAYANAN, J. kak WP No. 45846 of 2025 (1/2) 28-11-2025 https://www.mhc.tn.gov.in/judis