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2025:MHC:600 WA No. 487 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-02-2025 CORAM THE HONOURABLE MR JUSTICE S.M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WA No. 487 of 2025 AND CMP NO. 4230 OF 2025,CMP NO. 4232 OF 2025,CMP NO. 4239 OF 2025
1. P.Saraswathi
2. A.K.Rangasamy Appellants Vs
1. The District Collector Coimbatore Dist., Coimbatore. 2.The Superintendent of Police Coimbatore District, Coimbatore 3.The Dist.Forest Officer Forest College Campus, Vadakovai, Coimbatore 641 002. 4.Arulmighu Velliangiri Andavar Thirukoil Rep By Its Executive Officer, Velliangiri Malai, Semmedu Post, Poondi Coimbatore District 641 114. 5.Isha Foundation Rep By Authorized Person, Isha Yoga Center, https://www.mhc.tn.gov.in/judis
WA No. 487 of 2025 Villiangiri Foothills, Ishana Vihar Post, Coimbatore 641 114. Respondent(s) PRAYER To set aside the order in WP.No.5497/2025, dated 17-02-2025 on the file of this Court. For Appellant(s): M.Purushothaman N.Andal Sri Shankari For Respondents: Mr.T.Chandrasekaran, Special Government Pleader (for R1) Mr.M.Babu Muthumeeran Addl. Public Prosecutor asst by Dr.C.E.Pratap, Government Advocate (Crl side) (for R2) Mr.J.Ravindran, Addl. Advocate General asst by Dr.T.Seenivasan, Special Government Pleader (Forest) (for R3) Mr.S.Ravichandran, Additional Government Pleader (HR&CE) (for R4) Mr.Suresh Madhvaraj (for R5)
ORDER (Order of the Court was made by S.M.Subramaniam J.) The intra Court appeal on hand has been instituted to assail the order dated 17.02.2025 passed in W.P.No.5497 of 2025.
2. The Writ Petitioners are the appellants before this Court. The Writ of Mandamus has been instituted to direct the respondents 1 to 4 to ensure that the petitioners and their family are permitted to reach the 4 th respondent Vellingiri Andawar Temple situated at Velliangiri Malai, Semmedu Post, Poondi, Coimbatore District – 641 114 without any hindrance by earmarking https://www.mhc.tn.gov.in/judis
WA No. 487 of 2025 exclusive route from Iruttupallam Junction on the Coimbatore Siruvani Road passing through the Semmedu Village and travelling through the Reserve Forest Road starting from the Mullangadu Forest Check Post to reach the 4 th respondent / Vellingiri Andawar Shiva Temple and thereby to protect the petitioners' right to religious practice, to attend the 4 Kala Poojas and have dharsan of Lord Vellingiri Shiva on the Shivarathiri Night hereinafter, based on the representations made by the petitioners dated 27.01.2025 and 03.02.2025.
3. The Writ Court considered the issues on merits and considered the
submissions of the Forest Officer, who submitted that already there is traditional route in which, for years together, the pilgrims are going to the temple and performing the pooja and are coming back. There are two routes to reach the Semmedu area. One is from the road leading to Madampatti through Thondamuthur on the Coimbatore Siruvani Road after crossing the Siruvani bridge and one can go to the Semmedu via Pooluvapatti Senmedu road. Also on the same Coimbatore Siruvani Road, after crossing Madampatti, one can also go to Semmedu to Irrutu Pallam. Therefore, the route is very much available.
4. The Writ Court stated that the Forest Department and the Superintendent of Police have to coordinate and make necessary arrangement to protect the interest of the people in that locality. It is a elephant corridor and purity of the Reserve Forest and the serenity attached to the Temple are to be maintained and the eco sensitivity of the area is to be protected as contemplated https://www.mhc.tn.gov.in/judis
WA No. 487 of 2025 under various enactments.
5. This Court do not find any infirmity in respect of the findings made by the learned Single Judge. When two routes are available, then the District Administration has to coordinate for smooth travel of the pilgrims. This Court in exercise of the power of judicial review under Article 226 of the Constitution of India need not entertain such claim of the petitioners, who claim to be the pilgrims.
6. Accordingly, the Writ Appeal is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs.
[S.M.S., J.] [K.R.S., J.] 21.02.2025 Index: Yes/No Speaking/Non-speaking order gd To 1.The Dist.Collector Coimbatore Dist., Coimbatore. 2.The Superintendent of Police Coimbatore District, Coimbatore 3.The Dist.Forest Officer Forest College Campus, Vadakovai, Coimbatore 641 002. https://www.mhc.tn.gov.in/judis
WA No. 487 of 2025 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. gd WA No. 487 of 2025 AND CMP NO. 4230 OF 2025,CMP NO. 4232 OF 2025,CMP NO. 4239 OF 2025 21-02-2025 https://www.mhc.tn.gov.in/judis