It was on July 24, 2004 that the Madurai Bench of the Madras High Court was inaugurated. Till then litigants from the southern districts had to travel all the way to the Principal seat in Chennai.
Madurai Bench has also lessened the workload of the Principal seat. Now, Madurai Bench has 20 Judges.
Since its inception, the Madurai Bench has disposed of over 12 lakh cases and in the last two years alone it has achieved disposal of 106% as against the institution of cases.
The vigentennial stupa which was unveiled to mark the completion of 20 years of Madurai Bench of Madras High Court. | Photo Credit: R. ASHOK
At the inauguration of the vigentennial celebrations marking the completion of 20 years of the establishment of Madurai Bench of the Madras High Court, Chief Justice of India D.Y. Chandrachud said the Madurai Bench had addressed the region’s unique environmental concerns and human rights issues.
A number of significant judgments on issues pertaining to environment protection have been delivered by the Madurai Bench. In 2022, the court declared ‘Mother Nature’ as a ‘living being’ having the status of a legal entity and directed the Central and the State governments to take appropriate steps to preserve it.
The court restrained the authorities from establishing a sculpture park at Yanaimalai and issued directions to protect the hillock. | Photo Credit: G. MOORTHY
One of the earlier orders of the High Court Bench with regard to the environment protection pertains to Yanaimalai in Madurai. In 2010, following protests from activists and the general public, a public interest litigation petition was filed before the High Court seeking a direction to protect the hillock and against the proposal for a sculpture park. The court restrained the authorities from causing any damage. Subsequently, the proposal was dropped.
In 2011, Following a similar PIL petition that sought the protection of a Jain site in Keezhavalavu near Melur, the court restrained quarrying activities near the hillock that contains ancient Jain abodes, frescoes and Tamil Brahmi inscriptions. The court directed the authorities to protect the hillock.
Following the intervention of the Madurai Bench, the Tamil Nadu State Department of Archaeology carried out excavations from the fourth phase at Keeladi in Sivaganga district. | Photo Credit: R. ASHOK
On Keeladi
A number of PIL petitions were filed in 2016 and 2017 seeking a direction to continue with the archaeological excavations at Keeladi.
The Archaeological Survey of India had carried out excavations in the first three phases. The first two phases were led by Superintending Archaeologist K. Amarnath Ramakrishna. He was eventually transferred and the ASI said there were no significant findings in phase three.
Following the intervention of the Madurai Bench, the Tamil Nadu State Department of Archaeology carried out excavations from the fourth phase. In February, the court disposed of a PIL petition after the Centre submitted that ASI will publish the report on the first two phases of archaeological excavations in Keeladi submitted by Mr. Ramakrishna in nine months. A site museum was also established following another PIL petition.
For Kodaikanal
The court, in 2019, expressed its concern on Kodaikanal. The court observed that Kodaikanal had a unique natural heritage and steps must be taken by the government to preserve it. Though the hill station was already polluted and damaged, what was left must be preserved, the court said while issuing a series of orders to crack down on buildings constructed in violation of building plan approvals.
In 2021, expressing shock over a series of elephant poaching incidents reported in the State and involving influential persons from across the country, the court observed that the greed of man could be seen in the transactions. The poaching was done not for livelihood, but for international trade and sadistic pleasure in creating art out of fellow living beings. The court observed that the amount of ivory recovered in the cases was too large and ordered a CBI probe.
Forests and the sea
A Dugong Conservation Reserve was established in Palk Bay covering the coastal waters of Thanjavur and Pudukkottai districts following a PIL petition to save the dugongs.
The same year, while hearing a PIL petition, the Madurai Bench directed the Principal Chief Conservator of Forests / Chief Wildlife Warden to take steps to conduct a study on habitats and distribution of slender loris (devangu) in the forests adjoining Ayyalur in Dindigul district and the contagious Kadavur hills in Karur and Tiruchi districts. It also directed the authorities to conduct a census of slender loris in these areas. After the enumeration, the authorities can declare the habitats a ‘sanctuary’, the court had said, while disposing of the petition. In 2022, the Tamil Nadu government notified the Kadavur Slender Loris sanctuary.
Similarly, a Dugong Conservation Reserve was established in Palk Bay covering the coastal waters of Thanjavur and Pudukkottai districts. Earlier, in 2020, a PIL petition was filed to save the dugongs in Palk Bay and to declare the stretch a Dugong Conservation Reserve. Both are first of its kind for the country.
Artificial falls
In 2022, the court took a serious view of natural flow of water in the Western Ghats getting disturbed after a PIL petition sought a direction to the authorities to take action against those who had set up illegal and artificial private waterfalls. The petition also sought a direction to demolish them and restore the original flow of the stream, river and rivulet in the Western Ghats.
The court directed the Collectors of Tenkasi, Tirunelveli, Kanniyakumari, Coimbatore and The Nilgiris to take immediate steps to form committees in their districts and take action to curtail illegal diversion of the natural flow of water by owners of resorts and estates and claiming the same as artificial falls for their commercial activities. Following the court order, there was a crackdown on such waterfalls on private properties in Western Ghats.
The same year, the court also took a serious view of felling of trees in Meghamalai wildlife sanctuary in Theni district. The court observed that felling of trees in a reserve forest depletes the forest cover and disturbs the ecological balance in and around the area. It leads to soil erosion and alters the micro-climate of the area, thereby affecting the wildlife habitat. Such illegal activities not only impact the environment, but also pose a threat to biodiversity and safety of the inhabitants in and around the forest area. The court directed the authorities not to permit anyone to cut trees in the wildlife sanctuary.
Palani and others
Some of the other significant cases taken up during the recent times with regard to environment concerns include the issue of removal of encroachments and illegal commercial activities around Sri Dhandayuthapani Swamy Temple in Palani in Dindigul district.
The court has also taken a serious view with regard to maintenance of parks in Madurai. The court had earlier observed that public parks are urban lung spaces. It is imperative to value public parks as social and ecological necessity rather than as spaces for amenities and public recreation. The court is presently hearing a batch of public interest litigation petitions with regard to the rehabilitation of Manjolai tea estate workers as the lease period of Bombay Burmah Trading Corporation is to end soon.
Published - July 28, 2024 09:22 pm IST
