The court upheld the authority of the Forest Department to regulate fees on land classified as forest land, dismissing the petitioner's claims.

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorari calling for the records of the ninth respondent impugned order in Se.Mu.A.No.10621/2022/T-2 dated 12.12.2022 and quash the same.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the Trustee of Arulmighu Muthurayan Temple and doing agricultural work. The said Temple is situated in S.No.540/2 of Nagamarai Village, Pennagaram Taluk, Dharmapuri District under the control of Hindu Religious and Charitable Endowment Department, measuring about 10 Hectares and the land in S.No.540/2 is classified as Government Land (Tharisu) from ‘A’ Register Extract, however, the respondents 8 and 9 claim that the land in S.No.540/2 of Nagamarai Village is a Forest Land and the ninth respondent conducted auction for collecting parking charges for the vehicles coming to Arulmighu Muthurayan Temple and fixed to collect Rs.20/- as parking charges for two wheeler and Rs.50/- as parking charges for four wheeler and passed the impugned order which is not sustainable one.

3.The learned counsel appearing for the petitioner further submitted that earlier the Temple collected vehicle parking charges, however, the ninth respondent vide impugned order granted permission to the Forest Development Agency to collect the vehicle parking charges. The learned counsel further submitted that the petitioner is the Trustee of Arulmighu Muthurayan Temple and the Temple alone is entitled to collect vehicle parking charges.

4.The learned Government Advocate appearing for the Hindu Religious and Charitable Endowment Department submitted that the petitioner may be the Trustee of the subject Temple, however, the land in which the Temple is situated is Reserve Forest Land belonging to the Forest Department, thereby, the Forest Department passed the impugned order, which warrants no interference.

5.The learned Government Advocate appearing for the Forest Department submitted that the Government issued G.O.(Ms) No.11 Environment and Forests (FR.5) Department dated 08.02.2018, revising the entrance fee for individuals, vehicles, hire charges for elephant ride, photography permission with respect to the Tiger Reserves, National Parks, Wildlife Sanctuaries and Bird Sanctuaries etc from 12.02.2018 and also directed that fee for entry and parking the vehicles, an additional fee besides entrance fee shall be levied for entry of vehicle into the protected area, which includes the Temple situated in Forest Land.

6.The learned Government Advocate appearing for the Forest Department further submitted that guidelines for implementation of Joint Forest Management (JFM) and Strengthening of Participatory of Joint Forest Management Mechanism in Tamil Nadu was issued by the Principal Chief Conservator of Forests on 13.11.2024 as per which, Forest Development Agency (FDA) is the umbrella organization at the division level and will act as the federation of all community based organization such as ETMC / EDC etc., for the purpose the FDA will be formed on the basis of G.O.Ms.No.198, Environment and Forests (FR.VI) Department dated 13.12.2001. Each territorial forest division, wildlife division, SF division, research division will have a FDA which serve as a division forest development agency to coordinate, monitor and guide the community engagement, conservation and management in the respective divisions.

7.The learned Government Advocate appearing for the Forest Department further submitted that in Eco Tourism Committee (ETMC), the charges for the various ecotourism services including entry fees, voluntary conservation fee etc., will be decided by the District / Divisi