JUDGMENT

(Prayer in W.P.No.1830 of 2022: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the fourth respondent along with other respondents to impose complete ban of vehicles from 09.00 P.M to 06.00 P.M and ban of heavy commercial vehicles between 06.00 P.M to 06.00 A.M on the stretch of road between Bannari and Karapallam in NH 948.

W.P.No.4130 of 2022: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ in the nature of Declaration, to declare that the Notification bearing Ref.No.18425/2017(C2), dt.23.11.2018 prohibiting movement of Commercial Vehicle from using the Ghat Road between Bannari Check Post to Dhimbam stretch between 06.00 P.M to 06.00 A.M of next day and subsequent Notification bearing Ref.No.Na.Ka.No.18425/2017 (C2) dt. 07.01.2019 prohibiting movement of all vehicles such as Commercial LMV, passenger four wheelers, public transport from using the Ghat Road between Bannari Check Post to Dhimbam stretch between 09.00 P.M to 06.00 A.M of next day issued by the third respondent Collector as being violative of Art.19(1)(d) and Art.19(1)(g) of the Constitution of India and consequently direct the respondents to impose reasonable restrictions after giving public hearing to all concerned.

W.P.No.4109 of 2022: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the Notification published in the Gazette No.2 of Erode District dated 07.01.2019 issued by the first respondent and quash the same.)

Common Order

D. Bharatha Chakravarhy, J.

1. Prelude:

In these Writ Petitions, we are called upon to resolve yet another Man- Animal Conflict, their respective claims of habitat, natural landscape and resources. In Constitutional parlance, to what extent the restrictions can be on the Fundamental Rights of the humans under Article 19(1)(d) for freedom of movement and Article 19(1)(g) for freedom to carry on Trade and business, in pursuit of the avowed directive principles as enshrined in Article 48A.(g) to protect and improve environment, safeguarding of forests and wildlife and the fundamental duty under Article 51 A.(g) to protect and improve the natural environment including forests, takes, rivers and wild life, and to have compassion for living creatures?”

2. The Petitions:

2.1. Mr.S.P.Chockalingam, an advocate practicing in this Court and an avid wildlife lover, who has been associated with various litigations relating to wildlife, has filed W.P.No.1830 of 2022 in respect of the Dhimbam Ghat Rod, which passes through the Sathyamangalam Tiger Reserve, for a direction to the respondents to impose complete ban on vehicles from 9.00 P.M. to 6.00 A.M. and ban on heavy commercial vehicles between 6.00 P.M. To 6.00 A.M., on the stretch of the road between Bannari and Karappallam in NH 918.

2.2. After this Court passed an interim direction to implement the already existing notification banning night traffic in the road aforesaid, by an interim order dated 08.02.2022, Mr.P.L.Sundaram, former Member of Legislative Assembly representing the Bhavani Sagar Constituency had filed W.P.No.4130 of 2022, to declare the Notifications dated 23.11.2018 and 07.01.2019 issued by the District Collector, Erode, prohibiting movement of vehicles using the Ghat Road between Bannari Check-post to Dhimbam Stretch between 9.00 P.M to 6.00 A.M as violative of Article 19 (1) (d) and Article 19 (1) (g) of the Constitution of India and consequently direct the respondents to impose reasonable restrictions after giving public hearing to all concerned.

2.3. Mr.S.Kannaiyan, a farmer and resident of Thalavadi village, has filed W.P. No.4109 of 2022 to quash the same notification dated