High Court · 2025

W.P. No. 5497 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.02.2025CORAMTHE HON'BLE MR.JUSTICE D. BHARATHA CHAKRAVARTHYW.P. No. 5497 of 2025 andW.M.P. Nos. 6068 & 6069 of 20251.P. Saraswathi2.A.K. Rengasamy .. PetitionersVersus1.The District Collector, Coimbatore District, Coimbatore.2.The Superintendent of Police, Coimbatore District, Coimbatore.3.The District Forest Officer, Forest College Campus, Vadakovai, Coimbatore – 641 002.4.Arulmighu Velliangiri Andavar Thirukovil, Rep., by its Executive Officer, Velliangiri Malai, Semmedu Post, Poondi, Coimbatore District – 641 114.5.Isha Foundation, Rep., by its Authorized Person, Isha Yoga Center, Velliangiri Foothills, Ishana Vihar Post, Coimbatore – 641 114. .. RespondentsWrit Petition is filed under Article 226 of the Constitution of India for 1/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025issuance of a Writ of Mandamus, directing the respondents 1 to 4 to ensure that the petitioners and their family are permitted to reach the 4th respondent Vellingiri Andawar Temple situated at Velliangiri Malai, Semmedu Post, Poondi, Coimbatore District – 641 114 without any hindrance by earmarking 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 4th respondent / Vellingiri Andawar Shiva Temple and thereby to protect the petitioners' right to religious practice, to attend the 4 Kala Pujas 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.For Petitioner: Mr. M. PurushothamanFor Respondents : Mr. V. Manoharan, for R1 Additional Government Pleader Dr. C.E. Pratap, for R2 Government Advocate Mr. S. Ravichandran, for R3O R D E RThe Writ Petition is filed for a writ of mandamus directing the respondents 1 to 4 to ensure that the petitioners and their family are permitted to reach the fourth respondent, Vellingiri Andawar Temple situated at Velliangiri Malai, Semmedu Post, Poondi, Coimbatore District without any hindrance by earmarking exclusive route from Iruttupallam Junction on Coimbatore Siruvani Road passing through the Senmedu Village and travelling through the Reserve 2/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025Forest Road starting from the Mullangadu Forest Check Post to reach to fourth respondent-Vellingiri Andawar Shiva Temple and thereby to protect the petitioners' right to religious practice, to attend the 4 Kala Pujas and have dharsan of the Lord Vellingiri Shiva on the Shivarathiri Night hereinafter based on the representations made by the petitioners dated 27.01.2025 and 03.02.2025.2. When the writ petition came up for hearing, the learned counsel for the petitioners Mr.M.Purushothaman, would submit that the petitioners only suggesting alternative routes so as to ease traffic congestion. The devotees are stopped even 3 kms before the Forest Check Post and there is a huge traffic jam in the area. Therefore, the petitioners are seeking alternative routes. The learned counsel would also produce the Google Maps pointing out these routes.3. Learned Government Advocate appearing on behalf of the second respondent-Superintendent of Police would submit that the new route that is proposed by the petitioners cannot be permitted. They will be permitted only in the traditional route. 4. Learned counsel appearing on behalf of the 3rd respondent-Forest Officer would submit that already there is a traditional route in which, for years 3/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025together, the pilgrims are going to the temple and performing the pooja and are coming back. It is stated that there are two routes to reach the Semmedu area. One is from the road relating 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 there. The prayer of the petitioners are that, the respondents should ensure that the petitioners and their family to reach the same. 5. It can be seen that, when the duty is on the respondents to provide for a route and ensure that there is a less traffic disturbance, it is not their liability to ensure that the petitioners reach the spot. Obviously, in our country, when the faith is large and many devotees throng the temples during the sacred days, there will be jostling and difficulties including traffic jam which every devotee has to manage and they have to park their vehicle well in advance even 6 kms in advance, if necessary and go by walk only. 6. For those of the petitioners who are unable to walk such a huge distance, Velliangiri Temple is not the appropriate destination. One has to walk and claim the hills and come back. Needless to mention that when the petitioners and their 4/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025family are for that matter any devotees take up the exercise, it is for the Forest Department and the Superintendent of Police to coordinate with each other and ensure that best arrangements are made in the interest of the pilgrims and more importantly in the interest of the elephant corridor and purity of the Reserve Forest is also maintained and the serenity attached to the Temple is also maintained and the eco sensitivity of the area is also not getting spoiled.7. With the above observations, directing against the respondents to make sure all the arrangements are in place, the Writ Petition stands disposed of, as the prayer, as such, which is prayed cannot be countenanced by this Court.8. Consequently, connected miscellaneous petitions are closed. No costs. 17.02.2025Index : Yes/NoNeutral Citatition : Yes/NoAT5/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025D. BHARATHA CHAKRAVARTHY, J. AT To1.The District Collector, Coimbatore District, Coimbatore.2.The Superintendent of Police, Coimbatore District, Coimbatore.3.The District Forest Officer, Forest College Campus, Vadakovai, Coimbatore – 641 002.W.P. No. 5497 of 2025 andW.M.P. Nos. 6068 & 6069 of 202517.02.2025W.P.No.5497 of 20256/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025D.BHARATHA CHAKRAVARTHY,J. This matter is listed under the caption “for being mentioned”.2. When the matter was taken up for hearing, the learned counsel appearing for the third respondent brought to the notice of this Court that there is an error in the name of the third respondent's counsel in appearance portion.3. Accordingly, in the appearance portion, the name of the third respondent's counsel was wrongly typed as Mr.S.Ravichandran and the same shall be replaced with “Mrs.E.Ranganayaki, Additional Government Pleader (Forest)”.4. The Registry is directed to carry out the said correction and upload the corrected order copy.10.03.2025nsl7/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025D.BHARATHA CHAKRAVARTHY.J., nslW.P.No.5497 of 202510.03.20258/8

W.P. No. 5497 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.02.2025CORAMTHE HON'BLE MR.JUSTICE D. BHARATHA CHAKRAVARTHYW.P. No. 5497 of 2025 andW.M.P. Nos. 6068 & 6069 of 20251.P. Saraswathi2.A.K. Rengasamy .. PetitionersVersus1.The District Collector, Coimbatore District, Coimbatore.2.The Superintendent of Police, Coimbatore District, Coimbatore.3.The District Forest Officer, Forest College Campus, Vadakovai, Coimbatore – 641 002.4.Arulmighu Velliangiri Andavar Thirukovil, Rep., by its Executive Officer, Velliangiri Malai, Semmedu Post, Poondi, Coimbatore District – 641 114.5.Isha Foundation, Rep., by its Authorized Person, Isha Yoga Center, Velliangiri Foothills, Ishana Vihar Post, Coimbatore – 641 114. .. RespondentsWrit Petition is filed under Article 226 of the Constitution of India for 1/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025issuance of a Writ of Mandamus, directing the respondents 1 to 4 to ensure that the petitioners and their family are permitted to reach the 4th respondent Vellingiri Andawar Temple situated at Velliangiri Malai, Semmedu Post, Poondi, Coimbatore District – 641 114 without any hindrance by earmarking 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 4th respondent / Vellingiri Andawar Shiva Temple and thereby to protect the petitioners' right to religious practice, to attend the 4 Kala Pujas 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.For Petitioner: Mr. M. PurushothamanFor Respondents : Mr. V. Manoharan, for R1 Additional Government Pleader Dr. C.E. Pratap, for R2 Government Advocate Mr. S. Ravichandran, for R3O R D E RThe Writ Petition is filed for a writ of mandamus directing the respondents 1 to 4 to ensure that the petitioners and their family are permitted to reach the fourth respondent, Vellingiri Andawar Temple situated at Velliangiri Malai, Semmedu Post, Poondi, Coimbatore District without any hindrance by earmarking exclusive route from Iruttupallam Junction on Coimbatore Siruvani Road passing through the Senmedu Village and travelling through the Reserve 2/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025Forest Road starting from the Mullangadu Forest Check Post to reach to fourth respondent-Vellingiri Andawar Shiva Temple and thereby to protect the petitioners' right to religious practice, to attend the 4 Kala Pujas and have dharsan of the Lord Vellingiri Shiva on the Shivarathiri Night hereinafter based on the representations made by the petitioners dated 27.01.2025 and 03.02.2025.2. When the writ petition came up for hearing, the learned counsel for the petitioners Mr.M.Purushothaman, would submit that the petitioners only suggesting alternative routes so as to ease traffic congestion. The devotees are stopped even 3 kms before the Forest Check Post and there is a huge traffic jam in the area. Therefore, the petitioners are seeking alternative routes. The learned counsel would also produce the Google Maps pointing out these routes.3. Learned Government Advocate appearing on behalf of the second respondent-Superintendent of Police would submit that the new route that is proposed by the petitioners cannot be permitted. They will be permitted only in the traditional route. 4. Learned counsel appearing on behalf of the 3rd respondent-Forest Officer would submit that already there is a traditional route in which, for years 3/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025together, the pilgrims are going to the temple and performing the pooja and are coming back. It is stated that there are two routes to reach the Semmedu area. One is from the road relating 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 there. The prayer of the petitioners are that, the respondents should ensure that the petitioners and their family to reach the same. 5. It can be seen that, when the duty is on the respondents to provide for a route and ensure that there is a less traffic disturbance, it is not their liability to ensure that the petitioners reach the spot. Obviously, in our country, when the faith is large and many devotees throng the temples during the sacred days, there will be jostling and difficulties including traffic jam which every devotee has to manage and they have to park their vehicle well in advance even 6 kms in advance, if necessary and go by walk only. 6. For those of the petitioners who are unable to walk such a huge distance, Velliangiri Temple is not the appropriate destination. One has to walk and claim the hills and come back. Needless to mention that when the petitioners and their 4/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025family are for that matter any devotees take up the exercise, it is for the Forest Department and the Superintendent of Police to coordinate with each other and ensure that best arrangements are made in the interest of the pilgrims and more importantly in the interest of the elephant corridor and purity of the Reserve Forest is also maintained and the serenity attached to the Temple is also maintained and the eco sensitivity of the area is also not getting spoiled.7. With the above observations, directing against the respondents to make sure all the arrangements are in place, the Writ Petition stands disposed of, as the prayer, as such, which is prayed cannot be countenanced by this Court.8. Consequently, connected miscellaneous petitions are closed. No costs. 17.02.2025Index : Yes/NoNeutral Citatition : Yes/NoAT5/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025D. BHARATHA CHAKRAVARTHY, J. AT To1.The District Collector, Coimbatore District, Coimbatore.2.The Superintendent of Police, Coimbatore District, Coimbatore.3.The District Forest Officer, Forest College Campus, Vadakovai, Coimbatore – 641 002.W.P. No. 5497 of 2025 andW.M.P. Nos. 6068 & 6069 of 202517.02.2025W.P.No.5497 of 20256/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025D.BHARATHA CHAKRAVARTHY,J. This matter is listed under the caption “for being mentioned”.2. When the matter was taken up for hearing, the learned counsel appearing for the third respondent brought to the notice of this Court that there is an error in the name of the third respondent's counsel in appearance portion.3. Accordingly, in the appearance portion, the name of the third respondent's counsel was wrongly typed as Mr.S.Ravichandran and the same shall be replaced with “Mrs.E.Ranganayaki, Additional Government Pleader (Forest)”.4. The Registry is directed to carry out the said correction and upload the corrected order copy.10.03.2025nsl7/8 https://www.mhc.tn.gov.in/judis W.P. No. 5497 of 2025D.BHARATHA CHAKRAVARTHY.J., nslW.P.No.5497 of 202510.03.20258/8