(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to call for the record of the 4th respondent in Na.Ka.64/1435 dated 01.12.2025 and to quash the same and consequently, direct the respondent to open the lock at 7th Hill top and to  grant permission to stay on the top of the seventh Hill of Velliangiri temple  for 48 days for the conduct of daily Nandha Deepa Pooja, and all other  Pooja and Thirukalyanam every year and thereby, direct the respondent to  open the locks of iron gate of Self Manifested Lord Shiva Lingam at top of  the Hills for conduct of Pooja by the devotees.)

1. The Writ Petition is filed to call for the records relating to the  impugned order, dated 01.12.2025, quash the same and consequently,  direct the respondents to open the lock at the seventh hill top and to grant  permission to stay on top of the seventh hill of Velliangiri temple for 48  days for the conduct of daily Nandha Deepa Pooja and all other poojas and  Thirukalyanam every year and thereby, direct the respondents to open the  locks of the iron gates of suyambulingam on top of the hills to conduct the    pooja by devotees.2. Heard Mr.M.Marudhachalam, learned Counsel for the  petitioner, Mr.K.Karthikeyan, learned Government Advocate (HR & CE) for the respondent Nos.1 and 2, Mr.A.M.Ayyadurai, learned Government Advocate for the third respondent and Mr.N.R.R.Arun Natarajan, learned  Special Government Pleader (HR & CE) for the fourth respondent.3. The learned Counsel for the petitioner would submit that the  petitioners are the traditional inhabitants of Semmedu village. The  inhabitants have a traditional right to climb on the top of the temple and  light Karthigai Mahadeepam and perform Nandha Deepa Pooja for 48  days. Accordingly, when they sought for permission for this year to stay  on the top of the hills and to perform the Deepam, the same was not  granted. Therefore, they approached this Court by way of the Writ Petition  in W.P.No.47500 of 2025. The permission is also granted by this Court.4. Thereafter, the Forest Department imposed a condition that they should start by 7.00 A.M and comeback by 4.00 P.M. They have challenged the said condition by way of W.P.No.476 of 2026 and this Court, today (i.e., on 12.01.2026) (speaking through the Hon’ble Mr.Justice V.Lakshminarayanan) has enlarged the time after sunrise before  sunset i.e., 6.00 A.M to 6.00 P.M. Therefore, the petitioner have got only  three days left i.e., 13.01.2026 and 14.01.2026, being the last two days of  Margazhi and the first day of Thai, i.e., on 15.01.2026. For these three days, at least, the petitioner should be permitted to stay there and do the  pooja.5. During the course of the arguments, the learned Counsel for the petitioner also gave up the prayer to stay there on top of the hills and submitted that the petitioner is willing to climb up and climb down for all the three days and to that extent, at least, the temple should be opened for the petitioner.6. This Writ Petition came up for hearing on 08.01.2026 and  since urgency was expressed, the matter was posted today by directing the  Mr.K.Karthikeyan, learned Government Advocate (HR & CE) to take  notice for the respondent Nos.1 and 2 and Mr.G.Ameedius, learned  Government Advocate to take notice for the third respondent and to argue  the matter. Accordingly, this matter was taken up for arguments.7. The learned Government Advocate (HR & CE) for the  respondent Nos.1 and 2, on instructions, on the basis of the draft counter  being prepared, would submit that Arulmigu Velliangiri Andavar temple is  situated at Poondi in the midst of reserve forest area in the western ghats at  about 35 kms away from Coimbatore city on the western side. It is a  famous temple of Lord Shiva and is known for its existence and roots for  the past thousands of years. The sanctum sanctorum is situated at the top  of hills above the Poondi village at a distance of 5.4 kms from the foot of  the hill at a height of about 6,000 feet. The deity popularly, known as Velliangiri Andavar, is suyambhulingam and is considered as southern  kailash and popularly known as Then Kailayam. The sanctum sanctorum  has emerged itself inside a natural rocky tower of 200 feet height. There is  also a natural welcoming arch called Thoranavayil and the main deity is in  the form of three natural suyambhulingams. The temple is of historical  and cultural importance of our nation and it is an ancient temple having  mythological background. The famous saint namely, Katchiapa Munivar,  in his Perur Puranam, has described the glory and greatness of the  Velliangiri Andavar.8. The hills are situated amidst the dense reserve forest of  Boluvampatti forest range. The mountain has seven folds and is a part of a stretch of the western ghats and is protected as a heritage site. There is a temple which is constructed in the foothills to an extent of about 8.95 acres and the devotees are permitted to worship in the said temple at the foothills. As far as the land in respect of the said temple is concerned, the said extent has been de-reserved and converted into temple poramboke  vide proceedings No.308 dated 04.06.1930.9. It is contended that Velliangiri peak is the third tallest peak in  South India which is at a height of 6,000 feet from sea level. The weather  at the peak will be chill and cold during the months of June to January due  to southwest monsoon and cold winter. The peak is surrounded by evergreen rainy forests. Stormy winds and heavy rains are very common  and snowfall, fog and dense mist are perennial during the winter season.  From June to January, the entire hill area will be covered by dense clouds  and mist and the visibility will be much poor. Only during the summer,  the weather will be congenial for the devotees to climb the hill and the  Forest Department also gives separate permission to climb the hill with  such conditions. As per the Hindu Mythology and culture, the Uttarayanam starts only in the month of Thai. The pilgrimage to Velliangiri starts from Mahasivaratri which falls in the Tamil month of  Masi and ends at the closure of Chitrapournami which ends in the Tamil  month of Chithirai. That is why, the pilgrims are permitted only annually  during February, March, April and May. During the permission period,  the sanctum sanctorum is kept open and the festivals of Mahasivaratri,  Panguniuthiram, Tamil New Year, Chitrapournami and Agninatchathiram  are celebrated. This practice is century old and the temple is brought under  the control of the HR & CE Department since 1964.10. The practice of permitting the devotees to visit the sanctum  sanctorum at the Velliangiri hills only during the month of February,  March April and May, was originally passed in G.O.Ms.No.370, dated  09.10.1996 by the Commissioner, HR & CE Department and the same was  also confirmed by the Government and published vide Special Gazette  Notification No.16 dated 13.03.1998. According to the learned Special  Government Pleader for HR & CE Department, there was no customary  practice permitting the person such as the petitioner or any other person  during the other months. Therefore, if the Forest Department has granted  permission to the petitioner to climb on top of the hills, the same as been  granted incorrectly and erroneously. Even then, when the petitioner had  filed a Writ Petition earlier, the petitioner was also granted an interim  order and the Writ Petition is still pending. Even in W.P.No.47500 of  2025, there was no order to open the sanctum sanctorum.11. In reply thereof, the learned Counsel for the petitioner would  submit that firstly, the petitioner can very well establish that the villagers  such as the petitioners have exclusive and extraordinary right to climb and  celebrate the Karthigai Mahadeepam festival for 48 days. It is customary  and the villagers have been celebrating the same from time immemorial.  Secondly, the respondents, in violation of all the aagama and principles,  are permitting the rich and affluent to climb up to the Velliangiri specially  and even opening the sanctum sanctorum for the said people, while  denying the rights of the common people and the people who are vested  with the customary rights.12. I have considered the rivals submissions made on either side  and perused the material records of the case.13. Since earlier orders have been passed by this Court in W.P.No.47500 of 2025 and W.P.No.476 of 2026 as far as this year is concerned, the said order would govern the rights of parties. The timing has been modified in W.P.No.476 of 2026 and permission has been granted to the petitioner in paragraph No.4 of the order passed in  W.P.No.47500 or 2025. As a matter of fact, with reference to residing  there, the order was passed with a direction to consider the representation  which was rejected and challenging the same, the present Writ Petition is  filed and the petitioner himself is now giving up the prayer as far as  residing there is concerned.14. On behalf of the authorities, what is pleaded is the age old  practice of thousands of years and when, for thousands of years people  have climbed only between Mahasivaratri and Chitrapournami, the age old  practices cannot be changed suddenly. However, the learned Counsel for  the petitioner claims customary rights. It may be a case that a traditional  village in the area will have the customary right. But, according to the  authorities, no such right existed. It can be seen that as per section 63(e) of  the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, it  is for the Joint Commissioner to decide the existence of any such  customary right, wherein, the petitioner can furnish all such proof in  respect of the villagers visiting the temple and conducting the festival in a  customary manner.15. This Court under the Article 226 of the Constitution of India cannot decide the issue. When it is pleaded on behalf of the respondent  authorities that there was no customary practice to enter the sanctum  sanctorum and especially, when it is pleaded that the gate itself has been  put and the sanctum sanctorum has been locked because the people  entering and scratching the suyambulingam on certain erroneous beliefs  that they are carrying power to their respective homes and rackets are  being floated in connection with such material and with this kind of trend  in place, it is just and necessary that the issue be decided permanently by  the Joint Commissioner, Coimbatore. While deciding, the following facts  are to be borne in mind:-                  (i) First and foremost, the safety of the deity, which is a  suyambulingam, which is considered to be sacrosanct;                  (ii) The pristine atmosphere of the temple and the environment, in particular, the wildlife and their movements, breeding patterns, which  all proliferate well only in the said area, protected by Lord Shiva himself  so far;                           (iii) The climatic condition, including safety of the persons climbing, as it is stated that last year also a mishap happened;16. As far as the present year is concerned, as permitted in the earlier two Writ Petitions, the petitioner will be entitled to climb on the top of the hill and light the Mahadeepam and come back. With reference to  opening of the sanctum sanctorum, the petitioner shall file an application under Section 63(e) before the Joint Commissioner, Coimbatore who shall  consider the same in accordance with law and pass orders within three  months from the date of filing of the same so that at least, for the next year,  the rights of the petitioner will be decided in the manner to law.17. This Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.