Hearing on plea to extend Athi Varadhar darshan today

Notwithstanding the dismissal of earlier pleas seeking to extend the period for public view by another 48 days, the plea moved by Vasanthakumar of Perambur submitted that he had visited the Varadharaja Perumal Temple on July 28 to worship Athi Varadhar. However, owing to the large crowd he was unable to worship the idol.

Moreover, with five lakh people visiting the temple daily to get a glimpse of Athi Varadhar many including elders and physically disabled were unable to stand in the crowd and hence have been denied the opportunity to worship the idol, the plea said.

Further, pointing out that there is no agama rule that insists that Athi Varadhar should be removed from the tank once in 40 years and pooja held for 48 days, the petitioner submitted that the process of placing the idol for public view was done mainly to collect donations and use the amount to clean the Anantha Saras tank, where the idol is placed.

Based on this, the petitioner sought the court to direct the State to extend the public viewing as his representation on August 8 had failed to evoke any response.

Similarly, a 78-year-old woman Tamizharasi of Ariyalur District on citing the gross negligence of the district administration in not factoring in several statistics and crowd estimation has resulted in many returning without worshipping the idol. Based on this, she sought for a direction to extend the period of public view by another mandalam, which is another 48 days.

Holding that only a legally wedded wife can claim protection under Section 498 A of IPC, which deals with cruelty either by a husband or his relative, the Madras High Court on Wednesday quashed the proceedings pending at the judicial magistrate court in Udhagamandalam, wherein a woman had levelled charges against a person of cruelty despite her first marriage still being in subsistence.

Justice N Anand Venkatesh on allowing the plea moved by A Sakthivel seeking to quash the proceedings, said, “A three-member Bench of the Supreme Court, has categorically held that in order to attract an offence under Section 498 A of IPC, the subsistence of a valid marriage is a sine-qua-non (an essential condition). Where the marriage itself is null and void, on account of the subsistence of another valid marriage, there cannot be a conviction as per that section.”

As per the case, Sakthivel, a sub-inspector, and Nisha got married on August 26, 2011. But thereafter, he demanded dowry and committed mental and physical cruelty upon her. Based on a complaint by Nisha, the All Women Police Station, Udhagamandalam, registered a case for an offence under Section 498 A of IPC. The judicial magistrate court also took cognizance of the same.

Challenging this, Sakthivel moved the high court. His counsel submitted that the prosecution against his client is not maintainable as there was no husband and wife relationship between. Moreover, Nisha was already married to Satheesan and the said marriage is still in subsistence.

However, the counsel appearing on behalf of the police submitted that enough materials have been collected to prove the physical and mental cruelty undergone by Nisha in the hands of Sakthivel and the controversy over their wedding are all matters of evidence and the same can be found out only in the course of the trial. Hence, the High Court can’t intervene at this stage, the counsel said.

However, Justice Anand Venkatesh on holding that the continuation of the proceedings is an abuse of process of Court, said, “In this case, there was no relationship of husband and wife between Sakthivel and Nisha, since there was a subsisting marriage between Nisha and one Satheesan. This is established beyond doubts by materials. In the result, the proceedings against Sakthivel cannot be sustained for an offence under Section 498 A of IPC.”

The Madras High Court has directed the government advocate to get instructions on a British era check dam in Kazhuveli Wetland in Villupuram forest division, which is in a damaged condition while repair could revive the check dam enabling storage of water.

A division bench comprising Justice S Manikumar and Justice Subramonium Prasad offered the direction based on a report submitted by Senior Counsel P S Raman who was appointed Amicus Curiae to aid it in the suo motu petition initiated by it to take specific steps to preserve the wetlands in Tamil Nadu covered by Ramsar convention 1971.

While the inspection has been progressing for over a year, the amicus submitted reports on Kazhuveli and Pallikaranai wetlands. The bench on perusing it said, “On the basis of the said reports, amicus curiae submitted that a British era check dam, which was in existence in Kazhuveli Wetland, Tindivanam Range of Villupuram Forest Division, is in damaged condition. Repair and revival would store considerable quantity of water.”

“In the present scenario the said move would help to store sufficient quantity of water, which would help people of Chennai,” the bench held while directing to the government advocate to get instructions. The plea has been posted for further hearing to August 19.

Raman in his preliminary report on November 8, 2018 had submitted that the Wetlands Authority has been constituted and some elaborate study has also been done District wise between December 2017 and March 2018 by the Salem Ali Centre for Ornithology and Natural History. An elaborate report has been submitted by them to the Tamil Nadu Forest Department, the report said.

Also, based on his request for proper and effective adjudication of the issues involved in this suo-motu writ petition, all the District Collectors and Tamil Nadu State Wetland Authority were arrayed as respondents in the case.

Though Point Calimere Wildlife and Birds Sanctuary was the only water body covered under the 1971 Ramsar Convention on Wetlands of International Importance, the Tamil Nadu government has taken steps to bring Panchanadikulam Wet land and the Salt Swamp located between Point Calimere Wildlife Sanctuary and Muthupet Mangroves within the ambit of the Ramsar Convention of 1971.