JUDGMENT : The 1st petitioner in WP(C) No.29279/2017 belongs to a Tribal community and the 2nd petitioner is an Environmentalist. They have filed the writ petition seeking to notify Paruthippally Reserve Forest/Peppara Wildlife Sanctuary and adjoining areas for the purpose of Section 3 of the Forest Rights Act, 2006 and to command the respondents to implement Ext.P2 forthwith. 2. The petitioner in WP(C) No.9997/2018 is the Rector of Bonacaud Pilgrim Centre at Vithura where Bonacaud Kurishumala is situated. The petitioner seeks to direct respondents 1 to 5 to see that no obstruction is caused by respondents 6 and 7 or any other persons while re-installing the Holy Cross and while offering prayers in Amalolbhava Matha Latin Catholic Church in Bonacaud Tea Estate. A declaration is also sought to declare that the Bonacaud Pilgrim Centre has customary right to conduct religious rites at Bonacaud Kurishumala and right to install Holy Cross. 3. The petitioners in WP(C) No.29279/2017 state that the Bonacaud Forest Area is declared as “Peppara wildlife Sanctuary” by a notification dated 21.12.1983 under section 18 of the Wildlife Protection Act, 1972. The area falls as a Reserve Forest and was declared so during the period of Diwan of Travancore. From the year 2013-14 onwards, the 8th respondent who is a Vicar and few miscreants were trying to encroach into the Bonacaud Forest by constructing crosses at various locations in the forest land. They named 'Karichatti Motta' forest area as 'Kurishumala' for the last few years. 4. The petitioners would contend that Forest Range Officers colluded with the 8th respondent permitting construction of an 'Althaara' inside forest land. The petitioners would further state that the present Forest Range Officer issued Ext.P8 notice requiring the 8th respondent to remove encroachment. There was stiff resistance from 8th respondent and other miscreants and the Forest Officials sought assistance of 6th respondent-Tahsildar. The Vigilance Wing of Forest Department in Ext.P4 found that five concrete crosses and 'Althaara' were constructed upto 95% and Forest Officials failed to prevent the illegal construction. The Vigilance Wing recommended disciplinary proceedings against such officials. 5. The 4th respondent-Forest Range Officer issued a letter to the Deputy Superintendent of Police seeking protection and assistance for removal of encroachments to be conducted on 12.08.2017. On that day, with the police assistance, majority of the constructions were removed. However, there are repeated attempts to resurrect the illegal constructions. The Vigilance Wing recommended disciplinary proceedings against such officials. 5. The 4th respondent-Forest Range Officer issued a letter to the Deputy Superintendent of Police seeking protection and assistance for removal of encroachments to be conducted on 12.08.2017. On that day, with the police assistance, majority of the constructions were removed. However, there are repeated attempts to resurrect the illegal constructions. The petitioners alerted the Forest Authorities about this. Petitioners would submit that the tribal people have a right to collect minor forest produces from the locality. The construction of 'Althaara' and concrete crosses and converting the area as a pilgrimage centre, would deprive the tribals of their livelihood. The respondents are therefore compellable to stop construction of new crosses in the areas falling in Reserve Forest/Peppara Wildlife Sanctuary. 6. The petitioner in WP(C) No.9997/2018 stated that Bonacaud Kurishumala is a well-known Pilgrim Centre which was started in the year 1957, when a Holy Cross was installed by Christian believers. Ever since, large number of people from Kerala and outside make their pilgrimage to the place where the cross was erected. The pilgrimage is on the 1st Friday of every month, 14th September the feast of Holy Cross and during lent season. There are records to show that festivals were being conducted at Bonacaud Kurishumala. The Church history edited by Sri. P. Devadas and published in the year 2009 would throw light into the history of Bonacaud Kurishumala. There is a religious place of Hindus in this area where idol of Lord Shiva is erected. 7. The petitioner states that except for conducting prayers, no other activities are carried on in the place where the Holy Cross stands. There are three places of worship in Marayoor division in Kanthalloor Range, which belong to Hindus. By Ext.P7, the 3rd respondent-Forest Range Officer required the petitioner to remove the Crosses. On 11.08.2017, certain miscreants destroyed three Holy Crosses which were erected at Kurishumala long ago. Though a police complaint was made, there was no positive action. 8. The petitioner would submit that a consensus was reached later regarding installation of Holy Cross at Kurishumala. Thereafter the believers re-installed the main Cross on the top of the Kurishumala on 30.08.2017. A wooden Cross installed in the Kurishumala was again destroyed by some miscreants on 25.11.2017. Though a police complaint was made, there was no positive action. 8. The petitioner would submit that a consensus was reached later regarding installation of Holy Cross at Kurishumala. Thereafter the believers re-installed the main Cross on the top of the Kurishumala on 30.08.2017. A wooden Cross installed in the Kurishumala was again destroyed by some miscreants on 25.11.2017. Though the parishioners were agitating for their right to worship, the police did not agree on the ground that this Court in WP(C) No.29279/2017 has ordered status quo. 9. The petitioner reiterates that the Holy Cross situated in the Kurishumala is not encroachment. When places of worship of other religions are permitted in the area, denial of right to the believers of Christian community to worship in Kurishumala, would offend the right guaranteed under Article 25 of the Constitution of India. Therefore this Court should pass orders to ensure that no obstruction is caused to the petitioner and other believers in conducting religious ceremonies in the Pilgrimage Centre. 10. The 3rd respondent-Divisional Forest Officer filed a statement in WP(C) No.29279/2017. The 3rd respondent stated that there is a Latin Catholic Church namely Amalolbhava Mata located within the Mahavir plantation at Bonacaud. The members of the Church constructed 14 small concrete crosses from the premises of the Church to the hilltop of Karichattimotta during the year 2013. Out of the 14 Crosses, five were constructed in the Reserve Forest Area. They have constructed an 'Althaara' also and efforts were made to name the hilltop as Kurishumala. Kurishumala is in fact a hilltop in a private land far away from Karichattimotta. 11. On 18.03.2017, Forest Officials of Paruthipally Range found newly constricted Crosses of height of 5 m. in the place of damaged small crosses constructed earlier. Mahazar was prepared in respect of the illegal construction. A case was registered as O.R. No.02/2017 in Paruthipally Range under section 27(1)(e)(i) and (iv) of the Kerala Forest Act. Investigations revealed that one Rev. Fr. Sebastian Kanichikunnathu, Rajan and Sathya Das were involved in the illegal action. They were summoned and their confession statements were recorded. They confessed to that act. Investigation in the case is under process. When the 8th respondent refused to remove the Crosses in spite of request, Section Staff removed the three crosses of smaller size and part of 'Althaara' on 16.06.2017. They were summoned and their confession statements were recorded. They confessed to that act. Investigation in the case is under process. When the 8th respondent refused to remove the Crosses in spite of request, Section Staff removed the three crosses of smaller size and part of 'Althaara' on 16.06.2017. Though the Department attempted to remove the remaining two crosses of larger size, they failed due to stiff resistance from Church Authorities and members of the Church. 12. On 19.08.2017, it was found that the two large crosses constructed in March, 2017 and which were mentioned in mahazar dated 18.03.2017 were uprooted by unknown persons. On 20.08.2017, there was an attempt to trespass into the Reserve Forest and reconstruct the crosses. The Forest Officials aborted the attempt with the help of the Police. For this incident, another O.R. No.13/2017 was registered. Subsequently on 27.08.2017, around 300 people under the leadership of Rev. Fr. Sebastian Kanichikunnathu again trespassed into the forest and installed a wooden cross. They also tried to renovate the 'Althaara'. Hence O.R. No.14/2017 was registered. The investigation in respect of this offence is going on. 13. On 01.09.2017 yet another attempt was made at the instance of Rev. Fr. Sebastian Kanichikunnathu to erect the wooden cross. About 30 persons trespassed in the Reserve Forest for this purpose. However, ignoring the warning given by the Forest Officials, they have installed a wooden cross of height 2.98 m. from the ground level at Karichattimotta near the last cross which was removed. Yet another O.R.No.15/2017 was registered under the Kerala Forest Act in respect of this incident. Subsequently, the 8th respondent was required to remove the cross. In response, Mon: Rev. Roofus Payasleen gave a letter dated 01.01.2018 intimating that they will be trespassing the forest land on 05.01.2018 for installing a cross in place. On 05.01.2018, around 2000 people gathered and attempted to trespass into the Reserve Forest along with a large wooden cross. However they were restrained by the Forest Officials with the assistance of the Police force. 14. Heard the learned counsel for the petitioners in the writ petitions and the learned Special Government Pleader (Forests). 15. The issue arising is whether the petitioner in WP(C) No.9997/2018 or any other members of this community has a right to install crosses, construct 'Althaara' or hold pilgrimage to the hilltop of Karichattimotta, which is described by the petitioner as Kurishumala. Heard the learned counsel for the petitioners in the writ petitions and the learned Special Government Pleader (Forests). 15. The issue arising is whether the petitioner in WP(C) No.9997/2018 or any other members of this community has a right to install crosses, construct 'Althaara' or hold pilgrimage to the hilltop of Karichattimotta, which is described by the petitioner as Kurishumala. According to the respondents, the disputed area is called Karichattimotta and it is deliberately described as ‘Kurishumala’. 16. There is in fact a place Kurishumala which is far away from the disputed area. There is no dispute about the fact that the church or church believers have erected 14 crosses between Amalolbhava Matha Church located in Mahavir Plantation, Bonacaud and Karichattimotta hilltop. The fact that five of these crosses were erected and an 'Althaara' was constructed within forest land, is also not in dispute. The case of the petitioner in WP(C) No.9997/2018 is that a pilgrimage was started in the year 1957 to the Hilltop and Cross was constructed then. Miscreants have been repeatedly uprooting or damaging the crosses. The petitioner in WP(C) No.9997/2017 is relying on Ext.P2 letter and Ext.P1 Statement of Accounts to urge that the place was visited by many believers as part of pilgrimage. The petitioner contends that believers have a right to pilgrimage to the Hilltop. 17. The claim is seriously disputed by the Department of Forests. When the right of the petitioner is disputed by the authorities, the petitioner has to resort to appropriate legal proceedings to establish his right. The issue being a disputed question of fact, this Court cannot adjudicate that dispute in exercise of powers under Article 226 of the Constitution, in writ proceedings. 18. The petitioner in WP(C) No.9997/2018 has a further case that members of Hindu Community are permitted to make prayers at a Temple in the nearby Forest area. The question of right of the general public to worship at the said Sree Agastyar Temple at Agastyakoodam peak came up for consideration before a Division Bench of this Court. The Division Bench of this Court held in the judgment in W.A. No.374/2018 dated 09.02.2018 as follows: “10. We are sure that the Government shall take into account the above observations of the Chief Wild Life Warden and issue necessary orders restricting the entry of the 3rd respondent and the members of the society to the Agastyarkoodam. The Division Bench of this Court held in the judgment in W.A. No.374/2018 dated 09.02.2018 as follows: “10. We are sure that the Government shall take into account the above observations of the Chief Wild Life Warden and issue necessary orders restricting the entry of the 3rd respondent and the members of the society to the Agastyarkoodam. We have perused Ext.P3 order. We do not find any permission therein for entry of the 3rd respondent and his followers to the Agastyarkoodam, year after year. We are of the firm view that, the activities like that of the 3rd respondent of commercializing the idol that is there by conducting poojas and other rituals at the place, when there has never been any such practice in the past should not be permitted. We find from the letter dated 06.02.2018 of the Chief Wild Life Warden forwarding the printed notices of the previous year that elaborate poojas including a 'Radhayathra' were part of the functions organized by the 3rd respondent. Any permission to conduct such activities in the restricted area would ruin the ecology and the biodiversity that are required to be preserved at any cost. It would also give a handle to the 3rd respondent to commercially exploit the idol that is there. The Principal Secretary, Forest and Wild Life Department, Government of Kerala shall look into the above aspects and ensure that the Agastyarkoodam is protected and preserved for the benefit of the posterity.” 19. No religious community has an unbridled right to conduct pilgrimage to any place inside a Reserve Forest land. If any group of people forcibly enter any Reserve Forest Area and construct any structures unauthorisedly, such structures are liable to be removed by the Forest Authorities in accordance with law. Therefore, there will be a direction in WP(C) No.29279/2017 to respondents 1 to 5 to enforce the decision of the Forest Range Officer, contained in Ext.P6. 20. The petitioner in WP(C) No.9997/2018 would submit that after Ext.P11 petition was submitted by the petitioner to the Chief Minister of the State, there was a consensus reached for installation of Holy Cross at Kurishumala as is discernible from Ext.P12 news paper reports. The petitioner may be permitted to pursue the matter with Government Authorities. 20. The petitioner in WP(C) No.9997/2018 would submit that after Ext.P11 petition was submitted by the petitioner to the Chief Minister of the State, there was a consensus reached for installation of Holy Cross at Kurishumala as is discernible from Ext.P12 news paper reports. The petitioner may be permitted to pursue the matter with Government Authorities. The petitioner will be at liberty to pursue the matter with Governmental authorities or through any other appropriate legal proceedings in accordance with law, if he is so advised. The Writ petitions are disposed of as above.