R. KRISHNASAMY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE "CELELSTEAL MARRIAGE" of "LORDSHIVA" and "GODDESS PARVATHI" was celebrated in Mount Himalayas. Everyone on the Earth wanted to have a glimpse of the divine celebration and thronged the Himalayas thereby the northern side of the Earth went down. To balance the Southern side, Lord Shiva sent "Sage Agasthya" to South. The place where "Sage Agasthya" landed is called "COURTALLAM", where the falls lands is the subject matter of the Writ Petition. This is the mythological story about "COURTALLAM".

(2.) ACCORDING to the Petitioner, the Falls in Courtallam are Natural Falls and they deserve proper maintenance and care. During the season, namely in the middle of May, several lakhs of people throughout South India, visit the place to enjoy the pleasure of taking bath in the Falls, which have medicinal effects for physical as well as mental health. When the Petitioner visited Courtallam in the second week of May, 2013, he was shocked to find that the place lacks basic amenities and proper security for the visiting public during the season. According to the Petitioner, there is no proper Police Force found to regulate the visitors, the traffic is uncontrollable and not regulated despite levying heavy charges. There are no rooms available for changing clothes for both men and women, who are compelled to change their dress in open places. For the huge crowd, which is visiting Courtallam, there are no sufficient and strong barricades to protect them in the Falls area; There are several holes and cavities in the bath area and the place lacks proper maintenance by the authorities. Many people got fractures while taking bath and there is no feasible mode to control the huge crowd.

(3.) UNDERSTANDING the gravity of the problems, this Court directed the Assistant Superintendent of Police, Tenkasi, Revenue Divisional Officer, Tenkasi, the Executive Engineer, PWD and the Block Development Officer, Panchayat Union of Tenkasi to be present before this Court. The Executive Engineer, PWD, the 4th Respondent herein filed a Report dated 22.5.2014 stating that all the facilities are available in Old Courtallam Falls, whereas, Mr. Veera Kathiravan, learned Counsel for the Petitioner would dispute the report stating that it contains falsehood. To ascertain the real facts, this Court, by Order dated 22.5.2014, appointed Mr. T.S.R. Venkatramana, a Senior Member of the Bar and Former Member of Tamil Nadu Legislative Assembly, who is to be assisted by Mr. Arun @ Arunachalam as Advocate Commissioners to inspect the Falls in Courtallam and file a Report on 24.5.2014 in regard thereto. Though the relief sought in the Petition is confined to Old Courtallam Falls, in view of many Falls available in Courtallam, this Court, comprehensively, wanted to know the position prevailing in Courtallam and therefore, directed the Advocate Commissioners to file a Report about all the Falls in Courtallam. Accordingly, they visited the Courtallam, the next day, on 23.5.2014 and promptly filed the Report on 24.5.2014. The details found in the report are in consonance with the picture painted by the Petitioner. Even when the matter came up for admission on 21.5.2014, the Petitioner produced photographs to show how badly the Falls Area is maintained. However, a few photographs have been exhibited by the Government Pleader to show that everything is fine in the Falls area in Courtallam.