Customary rights to access religious sites must be substantiated and adjudicated by relevant authorities, as per Section 63(e) of the Act, rather than settled in a writ petition.

ORDER :

D. Bharatha Chakravarthy, J.

The Writ Petition is filed to call for the records relating to the impugned order, dated 01.12.2025, quash the same and consequently, direct the respondents to open the lock at the seventh hill top and to grant permission to stay on top of the seventh hill of Velliangiri temple for 48 days for the conduct of daily Nandha Deepa Pooja and all other poojas and Thirukalyanam every year and thereby, direct the respondents to open the locks of the iron gates of suyambulingam on top of the hills to conduct the pooja by devotees.

2. Heard Mr.M.Marudhachalam, learned Counsel for the petitioner, Mr.K.Karthikeyan, learned Government Advocate (HR & CE) for the respondent Nos.1 and 2, Mr.A.M.Ayyadurai, learned Government Advocate for the third respondent and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for the fourth respondent.

3. The learned Counsel for the petitioner would submit that the petitioners are the traditional inhabitants of Semmedu village. The inhabitants have a traditional right to climb on the top of the temple and light Karthigai Mahadeepam and perform Nandha Deepa Pooja for 48 days. Accordingly, when they sought for permission for this year to stay on the top of the hills and to perform the Deepam, the same was not granted. Therefore, they approached this Court by way of the Writ Petition in W.P.No.47500 of 2025. The permission is also granted by this Court.

4. Thereafter, the Forest Department imposed a condition that they should start by 7.00 A.M and comeback by 4.00 P.M. They have challenged the said condition by way of W.P.No.476 of 2026 and this Court, today (i.e., on 12.01.2026) (speaking through the Hon’ble Mr.Justice V.Lakshminarayanan) has enlarged the time after sunrise before sunset i.e., 6.00 A.M to 6.00 P.M. Therefore, the petitioner have got only three days left i.e., 13.01.2026 and 14.01.2026, being the last two days of Margazhi and the first day of Thai, i.e., on 15.01.2026. For these three days, at least, the petitioner should be permitted to stay there and do the pooja.

5. During the course of the arguments, the learned Counsel for the petitioner also gave up the prayer to stay there on top of the hills and submitted that the petitioner is willing to climb up and climb down for all the three days and to that extent, at least, the temple should be opened for the petitioner.

6. This Writ Petition came up for hearing on 08.01.2026 and since urgency was expressed, the matter was posted today by directing the Mr.K.Karthikeyan, learned Government Advocate (HR & CE) to take notice for the respondent Nos.1 and 2 and Mr.G.Ameedius, learned Government Advocate to take notice for the third respondent and to argue the matter. Accordingly, this matter was taken up for arguments.

7. The learned Government Advocate (HR & CE) for the respondent Nos.1 and 2, on instructions, on the basis of the draft counter being prepared, would submit that Arulmigu Velliangiri Andavar temple is situated at Poondi in the midst of reserve forest area in the western ghats at about 35 kms away from Coimbatore city on the western side. It is a famous temple of Lord Shiva and is known for its existence and roots for the past thousands of years. The sanctum sanctorum is situated at the top of hills above the Poondi village at a distance of 5.4 kms from the foot of the hill at a height of about 6,000 feet. The deity popularly, known as Velliangiri Andavar, is suyambhulingam and is considered as southern kailash and popularly known as Then Kailayam. The s