The court established that cultural practices can be accommodated within eco-protective measures under applicable laws.

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the seventh respondent dated 11.07.2024, whereby, the petitioner and members of his community were permitted to worship the deity on 10.08.2024 between 9.00 a.m. and 4.00 p.m.

2. It is submitted by the learned counsel for the petitioner that there is a community deity, namely, Arulmigu Shasta alias Iyyapa Swamy, situated at Sethur Western Ghats, which is 4 km away from the forest. It was submitted that for a very long time, the community people belonging to Ezhur Veera Saiva Jangam Samugam has been worshipping the deity and during August every year, they perform “Utchi Kaala Pooja” by offering holy prasad as a padayal to the almighty. It is stated that the petitioner and other devotees used to remain in the temple until the following day. It was submitted by the petitioner that they may be permitted to worship the deity and perform the pooja and other rituals on 09.08.2024 and 10.08.2024. It was submitted that tourists were being allowed as part of eco-tourism, there is no reason for the respondents not to permit the petitioner to perform pooja and other rituals.

3. Today, the seventh respondent, viz., Mr.P.Devaraj, I.F.S., Deputy Director of Srivilliputhur Megamalai Tiger Reserve, Srivilliputhur Division, had appeared in person before this Court and submitted that the above temple is situated in the core Tiger reserve area and it is a critical Tiger Habitat. He would further submit that tourists were permitted only on Saturdays and Sundays (weekend) between 09.00 a.m and 4.00 p.m. and no one is permitted to remain in the critical habitat at night. The seventh respondent, while agreeing to permit the petitioner and other members of the community to perform the rituals, would submit that the following conditions may be adhered to ensure that the wildlife is not disturbed, viz., “1. The pilgrims will be allowed between 8.00 AM to 4.00 PM on 10.08.2024 & 11.08.2024 (Saturday & Sunday) as a batch of 50 people.

2. No private vehicles will be allowed beyond Sastha Koil Forest Check post. Tamil Nadu Forest Department Vehicles will be utilized for commuting the public visiting on that day. They are allowed to use the designated path only.

3. Pilgrims should pay the already existing entry and conveyance fee collected by Koviloor ETMC as a measure of contribution to the livelihood of local people and forest & wildlife conservation.

4. At any point in time, not more than 50 people will be allowed to reside at Sastha Koil premises considering its carrying capacity as suggested based on NTCA normative guidelines which intends to reduce the disturbance due to human footprint to forest and wildlife.

5. Any form of animal sacrifice, tonsuring and other rituals which cause disturbance to the fragile ecosystem shall not be allowed inside tiger reserve as it attracts wild animals, causes forest fire and pollutes the habitat.

6. Carrying inflammable materials, liquor, cigarettes, banned tobacco products, sharp objects, plastic items and other hon- degradable materials inside the reserve is strictly prohibited. They should carry very minimal things which are highly essential to worship the deity. They shouldn't leave any waste materials inside the forest.

7. Cooking and serving food (annadhananm) inside the reserve are strictly prohibited.

8. Creating loud noises and sounds using musical instruments are prohibited.

9. Any form of modification or addition to the existing infrastructure is not allowed.

10. The last batch of people worshipping the deity should start their return journey by 3 PM, so that they will come out of the forest area safely.

11. This permission is granted as a one-time measure to the petitioners and associated pilgrims. And cannot claimed as a matter of right.

12. In case of any unforeseen situations like heavy rainfall, flash floods, forest fires etc., Forest officials on duty reserves right to deny the permission granted to avoid casualties.

13. Any viol