Case Note & Summary
The petitioner, C. Easwaramoorthy, a devotee of Arulmigu Vellingiri Swayambhu Eeswaran, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court. The temple is situated in Bolampatti Block-II reserved forest area, declared as reserved forest about 150 years ago. The petitioner sought permission to perform religious rites, particularly Nanda Deepa Pooja, which requires overnight stay on the 7th hill top. The 3rd respondent, District Forest Officer, granted permission but imposed a timing restriction allowing access only from 7 AM to 4 PM. The petitioner challenged only this restrictive clause. The court heard arguments from Mr. Niranjan Rajagopalan for the petitioner and Dr. T. Seenivasan, Special Government Pleader for the respondents. The petitioner argued that the temple is 5.4 km uphill, taking at least seven hours to reach and an equal time to descend, making the timing restriction impractical for performing rituals. The court called for instructions from the DFO, who produced a scanned document (extracted in the judgment). After considering the submissions, the court modified the impugned order to permit devotees to stay overnight for performing Nanda Deepa Pooja, balancing religious rights with forest conservation. The court directed the respondents to modify condition No.10 accordingly.
Headnote
A) Constitutional Law - Right to Freedom of Religion - Article 25 of the Constitution of India - Reasonable Restrictions - The court considered whether the timing restriction imposed by the Forest Department on access to a temple in a reserved forest area violated the devotees' right to practice religion. The court held that while the right to religion is fundamental, it is subject to reasonable restrictions in the interest of forest conservation and public safety. (Paras 2-5) B) Forest Law - Reserved Forest - Tamil Nadu Forest Act, 1882 - Permissions for Religious Activities - The court examined the Forest Department's order permitting access from 7 AM to 4 PM. The court found that the restriction was reasonable but modified it to allow devotees to stay overnight for performing Nanda Deepa Pooja, balancing religious rights with forest protection. (Paras 3-5) C) Writ Jurisdiction - Article 226 of the Constitution of India - Certiorarified Mandamus - The court exercised its writ jurisdiction to quash and modify the impugned order of the District Forest Officer dated 28.11.2025, directing modification of condition No.10 regarding timings. (Paras 1, 5)
Issue of Consideration
Whether the timing restriction imposed by the Forest Department (7 AM to 4 PM) for access to a temple located in a reserved forest area is reasonable, and whether devotees should be permitted to stay overnight to perform religious rituals.
Final Decision
The court allowed the writ petition in part, directing the respondents to modify condition No.10 of the impugned order to permit devotees to stay overnight for performing Nanda Deepa Pooja, while maintaining other conditions.
Law Points
- Right to religious practice
- Forest conservation
- Reasonable restrictions
- Article 25
- Article 226
- Tamil Nadu Forest Act
- 1882
