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2022 Supreme(Online)(MAD) 5838
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 15.03.2022 Delivered on : 06.04.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.1830 of 2022 & W.M.P.Nos.1965, 4354 of 2022 W.P.No.4130 of 2022 & W.M.P.Nos.4265 of 2022 W.P.No.4109 of 2022 & W.M.P.Nos.4241, 4243, 4245 of 2022 In W.P.No.1830 of 2022:
SP.Chockalingam .. Petitioner Versus
1.Principal Chief Conservator of Forests & Chief Wildlife Warden, Department of Forests, Govt. of Tamil Nadu, No.1 Jeenis Road, Panagal Buildings, Saidapet, Chennai – 600 015.
2.Chief Conservator of Forests and Field Director, Sathyamangalam Tiger Reserve, Roja Nagar, Veerappanchathiram Post, Erode – 638 011.
3.National Tiger Conservation Authority, B-1 Wing, 7th Floor, Pt. Deendayal Antyodaya Bhawan, CGO Complex, New Delhi – 110 003, India.
4.District Collector cum Regional Transport Authority, Erode District, First Floor, Collectorate, Erode – 638 011.
5.The Regional Officer, National Highway Authority of India, SRI Tower, 3rd Floor, DP – 34 (SP), Industrial Estate, Guindy, Chennai – 600 032.
6.The District Collector, Erode.
(R6 Suo Motu impleaded vide order, dt.08.02.2022 in W.P.No.1830 of 2022)
7.P.L.Sundaram (Impleaded vide order, dt.15.02.2022 in W.M.P.No.3287 of 2022 in W.P.No.1830 of 2022)
8.S.Palaniswamy 9.S.Munuswamy
10.S.Ravichandran
11.R.Subash Kannan
12.R.Dhileepan
13.M.Ashok Kumar [ R8 to R13 are impleaded as party vide order dt.06.04.2022 in W.M.P.No.4276 of 2022 in WP.No.1830/2022]
14.Yuvabharath
15.Kumar [ R14 & R15 are impleaded as party vide order dt.06.04.2022 in W.M.P.No.4676 of 2022 in WP.No.1830/2022]
16.Gunasekar .. Respondents [ R16 is impleaded as party vide order dt.06.04.2022 in W.M.P.No.4646 of 2022 in WP.No.1830/2022]
17.S.Kannaiyan [ R17 is impleaded as party vide order, dt.06.04.2022 in W.M.P.No.3302 of 2022 in W.P.No.1830 of 2022]
In W.P.No.4130 of 2022:
P.L.Sundaram .. Petitioner Versus
1.The State rep.by, The Principal Chief Conservator of Forests & Chief Wildlife Warden, Department of Forests, Govt. of Tamil Nadu, No.1 Jeenis Road, Panagal Buildings, Saidapet, Chennai – 600 015.
2.The Chief Conservator of Forests and Field Director, Sathyamangalam Tiger Reserve, Roja Nagar, Veerappanchathiram Post, Erode – 638 011.
3.The District Collector, Erode District Collector Office, Erode District.
4.National Tiger Conservation Authority, B-1 Wing, 7th Floor, Pt.Deendayal Antyodaya Bhawan, CGO Complex, New Delhi – 110 003.
5.The District Collector cum Regional Transport Authority, Erode District, First Floor, Collectorate, Erode – 638 011.
6.The Regional Officer, National Highway Authority of India, SRI Tower, 3rd Floor, DP – 34 (SP), Industrial Estate, Guindy, Chennai – 600 032. .. Respondents In W.P.No.4109 of 2022:
S.Kannaiyan .. Petitioner Versus
1.District Collector cum Regional Transport Authority, Erode District, First Floor, Collectorate, Erode – 638 011.
2.Chief Conservator of Forests and Field Director, Sathyamangalam Tiger Reserve, Roja Nagar, Veerappanchathiram Post, Erode – 638 011.
3.The Regional Officer, National Highway Authority of India, SRI Tower, 3rd Floor, DP – 34 (SP), Industrial Estate, Guindy, Chennai – 600 032.
4.Chief Wild Life Warden, No.1 Jeenis Road, Panagal Building, IX Floor, Saidapet, Chennai – 600 015. … Respondents 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.
Prayer in 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.
Prayer in 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.
For Petitioner : Mr.SP.Chockalingam (in W.P.No.1830 of 2022) (Party in Person)
For Petitioner (in W.P.No.4130 of 2022) : Mr.N.G.R Prasad, for M/s. Row & Reddy For Petitioner : Ms.D.Geetha (in W.P.No.4109 of 2022)
For Respondents : Mr.J.Ravindran, (for R1 & R2)
(in W.P.No.1830 of 2022) Additional Advocate General, Assisted by Dr.T.Seenivasan, Special Govt. Pleader (Forest)
: Mr.P.Muthukumar ( for R4 & R6)
State Govt. Pleader, Assisted by Mr.S.J.Md. Sathik, Government Advocate : Mr.Su.Srinivasan (for R5)
: Mr.N.G.R.Prasad (for R7 to R13)
for M/s.Row & Reddy : Mr.K.Sasindran (for R14 & R15)
: Ms.D.Geetha (for R17)
For Respondents : Mr.J.Ravindran (for R1, R2)
(in W.P.No.4130 of 2022) Additional Advocate General, Assisted by Dr.T.Seenivasan, Special Govt. Pleader (Forest)
: Mr.P.Muthukumar ( for R3 & R5)
State Govt. Pleader : Mr.Su.Srinivasan (for R6)
For Respondents : Mr.J.Ravindran (for R2 & R4)
(in W.P.No.4109 of 2022) Additional Advocate General, Assisted by Dr.T.Seenivasan, Special Govt. Pleader (Forest)
: Mr.Su.Srinivasan (for R3)
: Mr.P.Muthukumar ( for R1)
State Govt. Pleader, Assisted by Mr.S.J.Md. Sathik, Government Advocate.
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 07/01/2019 of the District Collector, Erode.
2.4. This apart, the above said Mr.P.L.Sundaram, also filed application in W.M.P. No.4354 of 2022 to implead himself has a respondent in W.P. No.1830 of 2022 so as to oppose the same and by a separate order, he is impleaded as the seventh respondent in the Writ Petition.
2.5. One Mr.S.Palanisamy and 5 others all farmers of Thalavadi Taluk, also filed impleading application in W.M.P. No.4276 of 2022 in W.P. No.1830 of 2022 to implead themselves as respondents to highlight the plight of the villages and to oppose the Writ Petition. By a separate order they are impleaded as Respondent Nos.8 to 13 in the Writ Petition.
2.6. To make their submissions highlighting the plight of villagers on account of the impugned notification, one Mr.Yuvabharath and Mr.Kumar, both residents of Thalavadi Village, filed application to implead themselves as respondents in W.M.P. No.4676 of 2022 in W.P. No.1830 of 2022. By a separate order they are impleaded as Respondent Nos. 14 & 15 in the Writ Petition.
2.7. One Mr.Gunasekar, a resident of Gundiupete Taluk of Karnataka State, filed impleading application in W.M.P. No.4646 of 2022 in W.P. No.1830 of 2022 to highlight the necessity of inter-state movement and to oppose the Writ Petition. By a separate order, he is impleaded as Respondent No. 16 in the Writ Petition.
2.8. One S.Kannaiyan, a resident of Panakahalli Village and Post, Thalavadi Taluk, Erode District, filed impleading application in W.M.P.No.3302 of 2022 in W.P. No.1830 of 2022 to oppose the Notification, dated 07.01.2019 under various legal grounds. By a separate order, he is impleaded as Respondent No.17 in the Writ Petition.
3. Sathyamangalam Reserve Forests – The Sanctuary, Tiger Reserve &
Eco Sensitive Zone :
i. The Reserve Forests:
3.1. Sathyamangalam Forest
