JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission to the devotees and necessary protection to worship the goddess Arulmigu Pemalaiyamman @ Rakkatchi Amman temple in the Tamil month of Puratasi (October) situated at Srivilliputhur Forest range, Virudhunagar District based on the petitioner's representation dated 15.09.2021.)

1. The prayer sought for herein is for a Writ of Mandamus, directing the respondents to grant permission to the devotees and necessary protection to worship the goddess Arulmigu Pemalaiyamman @ Rakkatchi Amman temple in the Tamil month of Puratasi (October) situated at Srivilliputhur Forest range, Virudhunagar District, based on the petitioner's representation dated 15.09.2021.

2. The petitioner claimed to be a resident of a village called Idaiyankulam, Srivilliputhur Taluk, Virudhunagar District and belongs to a particular community. It is a further case of the petitioner that, there is a community deity, namely Arulmigu Pemalaiyamman @ Rakkatchi Amman, situated on the top of the mountain in a reserved forest area, under the control of third and fifth respondents. Within the said forest, especially in the area, where the said temple is situated, there is a Grizzled Squirrel Wildlife Sanctuary.

3. In view of the said strategic location within the forest area, though the practice of worshiping the community diety by these community people of the petitioner, every year in the tamil month of Purattasi, i.e., October to November, which practice according to them, had been there for centuries ago, they wanted permission to visit the temple to have the annual worship. In this regard, it seems that, in respect of some past years, i.e., in the year 2011 & 2019, permission seems to have not been given by the Forest Department for those people to enter into the forest land and to have a darshan of the deity during the festival season. Hence, they were constrained to file writ petitions in the year 2011 & 2019.

4. In 2019, writ petition in W.P.(MD)No.17626 of 2019 was filed by one Selvakumar, on behalf of the community people, which was decided by a Division Bench of this Court by order dated 13.08.2019, where, among other things, the Division Bench has passed the following order.

“8. This Court considering the facts and circumstances is inclined to pass the following orders with directions:

(i) The second respondent shall accord necessary permission to 21 devotees identified by the petitioner from among the list of 86 devotees found in the additional typed set of papers dated 13.08.2019.

(ii) The second respondent shall depute necessary Forest Personnels to accompany them to visit and worship the above said temple on 14.08.2019 and the necessary expenses for them shall be borne out by the petitioner.

(iii) The petitioner and other devotees, who are permitted to go shall not create any law and order problem and shall adhere to the instructions and guidelines given by the Forest Personnels, who will accompany them.

(iv) In the event of any unforeseen mishap happens, the petitioner and other devotees may not be entitled for any compensation or Government employment for the reason that on their own volition they are going to the said Temple, which is located in the midst of Grizzled Squirrel Wildlife Sanctuary.

(v) The second respondent apart from the said conditions is at liberty to impose such or other reasonable conditions in this regard.

(vi) It is also made clear that this order came to be passed taking into account the significance of the peculiar facts and circumstances and the petitioner or the worshippers of the deity shall not claim any right or future claim as to the right of their worship.

9. This Writ Petition is disposed of accordingly. Consequently, connected Writ Miscellaneous Petitions are closed. No costs.”

5. It is the further case of the petitioner that, since every year during the festival season, i.e., Oc