The Madras High Court Bench here on Thursday directed the Tirunelveli Collector to file a report by Monday listing the court directions it could not comply with due to practical difficulties on the issue of preserving the ecology at Courtallam.
A Division Bench of Justices S. Nagamuthu and M.V. Muralidaran told Special Government Pleader M. Govindan that unless the Collector filed a report, it would not be possible for the court to modify and improve the series of 33 directions issued by another Division Bench on a public interest litigation petition on June 24, 2014.
The judges were taken aback by the submission that the police had booked criminal cases against two people who offered oil massage service at Courtallam despite the 2014 order having specifically banned use as well as sale of oil, soap, shampoo, shikakai (soap nut powder), detergents and other chemicals in Courtallam.
On perusing the records, they found that the duo had been booked under Section 188 of Indian Penal Code, which imposes one-month simple imprisonment or a fine of Rs.200 or both for disobeying orders duly promulgated by a public servant directing others to abstain from performing certain acts. Not wanting to express any opinion on registration of the criminal cases, the judges said that they would improve the directions since the earlier Division Bench had kept the PIL petition pending for issuing continuous mandamus as and when required.
In the 2014 order, the judges, prohibiting drinking in open spaces, public roads and in cars, had directed government officials to provide facilities of bar in State-run liquor shops as early as possible. “Warning boards informing about prohibition of consuming liquor in the open spaces and road or prohibition of people having bath after consumption of alcohol should be placed immediately and it is to be informed through public address system.
“If a TASMAC Shop is located near the falls area, it shall be shifted...within forty eight hours in the interest of the visiting public, especially women and children. This court prohibits inebriated people going for bath in the falls as there is a likelihood of such people losing balance and falling in the falls endangering their lives.
