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2026 Supreme(Online)(Mad) 37109

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
M.Thirupathi – Appellant
Versus
District Collector, Tenkasi District, Tenkasi – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.S.Manoj Kumr, Mr.S.Manojkumar
For the Respondents:Mr.J.K.Jeyaselan Government Advocate, Mr.K.Gnanasekaran Government Advocate (Crl.Side)

Court declines interference with conditional festival permission protecting drinking water source over traditional holy dips.

Headnote:The petition sought mandamus under Article 226 for Forest Department permission to conduct a traditional temple festival including holy dips and annadanam in a reserved forest area. HR&CE granted permission, but Forest authorities imposed conditions prohibiting dips due to the water source serving as drinking supply. Court upheld modified permission prioritizing public water needs. Issues framed around balancing tradition against environmental and public health imperatives. Court's ratio emphasized non-interference where conditional approvals safeguard essential resources. Writ petition disposed with directions for festival arrangements sans plastic.

Table of Content
1. petition seeks mandamus for festival permission. (Para 1 , 2 , 3)
2. conditional permission granted; dips prohibited. (Para 4 , 5)
3. court directs arrangements; petition disposed. (Para 6 , 7)

Vizha" festival including “

kwW; k; mUtpapy; ePuhLjy mdd; jhdk ; and ;” on 22.04.2026 to

01.05.2026 for ten days, to celebrate the festival in "Sri Senbaga Devi Temple", which is situated in Courtallam Hill at Tenkasi Petitioner District, on the basis of petitioner's representation dated 26.03.2026.

For Petitioner :Mr.S.Manoj Kumr For R1, R3, R4 & R5 :Mr.J.K.Jeyaselan Government Advocate For R2 :Mr.K.Gnanasekaran Government Advocate (Crl.Side)

ORDER

The writ petition is filed for a mandamus directing the respondents 4 and 5 to grant permission to conduct "Chithra Pournami brd;gfj;njtp mUtpapy; jPu;j;jk; vLj;jy;

Vizha" festival including “

kwW; k; mUtpapy; ePuhLjy mdd; jhdk ; and ;” on 22.04.2026 to

01.05.2026 for ten days.

2. Heard Mr.S.Manojkumar, learned counsel appearing for the petitioner and Mr.J.K.Jeyaselan, learned Government Advocate, who takes notice on behalf of the respondents 1, 3, 4 & 5 and Mr.K.Gnanasekaran, learned Government Advocate (Crl.Side), who takes notice on behalf of the 2nd respondent.

3. When the matter came up for hearing today, learned counsel appearing for the petitioner would submit that traditionally the festival is celebrated at the Arulmigu Sri Senbaga Devi Amman Temple. He would further submit that devotees usually take a dip in the holy falls before conducting pooja and the practice of conducting 'Annadanam' has been followed for several years. While the HR & CE authorities have granted permission, the Forest Department has not granted the same, as the area falls within a reserved forest.

4. When the matter was taken up for admission, learned counsel appearing on behalf of the Forest Department produced a communication dated 22.04.2026 issued to the petitioner, whereby permission for conducting the festival has been granted subject to certain timing restrictions and other conditions. However, devotees have been prohibited from taking a dip in the falls on the ground that the water source is presently used as a drinking water source for the area. Since this necessity has prompted the Forest Department to grant modified permission.

5. This Court is not inclined to interfere with the same on the ground of tradition. If the drinking water source is permitted to be used for a holy dip, it may become unfit for consumption.

6. In view of the above, taking into consideration that permission has already been granted for the conduct of the “Chithra Pournami Vizha” festival at Sri Invega Devi Temple, the Forest Department is directed to ensure proper arrangements, including the prohibition of all plastic items during the visit of devotees.

7. With the above directions and observations, the writ petition stands disposed of. No costs.

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