The main legal principle established in the judgment is the prohibition of cattle grazing inside the Tiger Reserve under the Wildlife (Protection) Act and the Tamil Nadu Forest Act, emphasizing the need to protect endangered species and maintain the ecological balance.

JUDGMENT

(Prayer:Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents to completely ban cattle grazing in the Megamalai Wildlife Division & Sanctuary under the jurisdiction of the Respondent No.6 and the Theni Forest Division under the jurisdiction of the Respondent No.7, within the time stipulated by this Court.)

V. Bharathidasan, J.

1. This writ petition has been filed in public interest to ban grazing of domesticated cattle inside the Megamalai Wildlife Division and Sanctuary.

2.The Megamalai Wildlife Division and Sanctuary, originally notified as a "Reserved Forest" in the year 2009, subsequently, has been notified as "Wildlife Sanctuary" in the year 2011, and recently in the year 2021, it was declared as a "Tiger Reserve", namely, Srivilliputhur-Megamalai Tiger Reserve.

3.According to the petitioner, group of cattle owners living in Theni District and other places nearby the Tiger Reserve are letting their quadrupeds for grazing inside the forest area for months together, thereby causing degradation of the forest. The respondents, forest as well as the revenue authorities, are indiscriminately issuing grazing passes to those persons, and the cattle grazers misusing the same, letting in a large number of cattle into the forest illegally. The authorities are also not taking any step to prevent the same and permitting domesticated cattle inside the forest for commercial purposes.

4.Grazing by a large number of domesticated cattle inside the forest area will result in killing the young regeneration and ultimately the future forest. That apart, domesticated quadrupeds also communicating diseases to the wild animals which ultimately leads to loss of wildlife. The degeneration of the forest directly affect the catchment area of Vaigai river which originates from the Western Ghats and also affects the flow of water into the Vaigai river which ultimately affects the agriculture and other operations in five districts in southern Tamil Nadu. Despite several representations, no action has been taken to curtail the cattle grazing inside the forest, hence the present writ petition has been filed.

5. The sixth respondent, Wildlife Warden, Megamalai Wildlife Division, has filed a counter affidavit stating that, earlier the people living in and around the forest area were destroying the forest and forest growth. The above illegal practice has been regulated subsequently and grazing of sheep, cow and buffalo alone are permitted for grazing in restricted number. The above permits were issued for grazing of these animals in a specified block in a portion of the reserved forest for a limited period, and suitable conditions were also issued for regulating the same.

6.It is further stated that, for improving the habitat and managing it for wildlife interest, grazing of domestic livestock is being restricted. The permits were issued to the local villagers without any fees for grazing only to limited number of livestock in the Theni Forest Division and Megamalai Wildlife Division, under Section 21(2)(a) of the Tamil Nadu Forest Act, 1882, and based on various Notifications issued by the Principal Chief Conservator of Forests. Now the number of livestock population grazing inside the forest area has been slightly reduced and it would be completely banned in times to come.

7.It is further stated in the counter affidavit that, Megamalai Wildlife Division acts as home for many endangered species of flora and fauna which cannot be sacrificed for the sake of commercial interest of few local people. Livestock can be fed only in the notified grazing lands meant exclusively for the purpose of stall feeding. Therefore, the livestock grazing will not be allowed in the entire forest area but only in the notified areas for grazing. It is further stated that if anybody violates the conditions of the permit, and if any trespasses or pastures cattle or permits cattle to trespass into the forest a