Madras High CourtWP/3806/2023disposed of

Marimuthu v. The District Collector

2023-02-10Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition Nos.3806, 3809, 3811, 3812 & 3815 of 2023 Marimuthu ..

Petitioner in WP No.3806/23 Govindaraji ..

Petitioner in WP No.3809/23 Vinoth ..

Petitioner in WP No.3811/23 Krishnan ..

Petitioner in WP No.3812/23 Kaliyaperumal ..

Petitioner in WP No.3815/23 Vs.

1. The District Collector Dharmapuri District.

2. The Tahsildar Pappireddipatty Taluk Dharmapuri District.

3. The District Forest Officer Dharmapuri Forest Circle Dharmapuri.

4. The Forest Range Officer Kottapatti Dharmapuri District.

5. The Forest Officer Thumbal Section Salem District.

Respondents Prayer: Writ Petitions under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the records of the fourth respondent in Na.Ka.No.139/2022 dated 25.01.2023 under Section 68-A of the Tamil Nadu Forest Act, 1882 and quash the same. For the Petitioners : Mrs.R.Dakshayini Reddy Senior Counsel For Mr.S.Nedunchezhiyan For the Respondents : Mr.R.Shunmugasundaram Advocate General Assisted by Mr.P.Muthukumar State Government Pleader for Respondents 1 & 2 Mr.J.Ravindran Additional Advocate General Assisted by Mr.T.Sreenivasan Special Govt. Pleader (Forest) for Respondents 3 to 5

ORDER

(Made by the Hon'ble Acting Chief Justice) All the writ petitions have been filed challenging the order of the fourth respondent issued under Section 68A of the Tamil Nadu Forest Act, 1882 and Rules 2 and 3 of the Tamil Nadu Forest Land Removal of Encroachment Rules, 1981.

2. Learned Senior Counsel appearing for the petitioners submitted that the petitioners are residing in the place in question, which formed part of vast extent of land and classified as forest waste land, even prior to independence by clearing the thorny bushes and rough soils. They cultivated millets and thereafter, carried out agricultural activities. Considering their long possession and enjoyment of the land in question and the vegetative condition of the land, the Tahsildar, Harur, on 30.01.1975, recommended for the grant of patta and also requested the District Collector, Salem to hand over patta to the parties staying in 350 acres of land.

3. Learned Senior Counsel further submitted that the Tamil Nadu Forest Act, 1982 empowers the Government to declare any land, whether private or government, as a reserved forest area by issuing necessary notification and proclamation by the Forest Settlement Officer and the said notification and proclamation were intended to protect the interests of the occupiers of the land. Therefore, the petitioners, who are occupiers of the land, cannot be stated to be encroachers. Thus, the impugned notice is liable to be aside, as it was issued without giving due consideration to the reply given by the petitioners to the show cause notice.

4. Learned Senior Counsel requested that the petitioners may be given liberty to approach the Government by making a detailed representation, along with the documents available with them.

5. In response, learned Advocate General submitted that if the petitioners make any representation along with documents, the same will be duly considered.

6. In view of the above, these writ petitions are disposed of, directing the petitioners to make a detailed representation to the Secretary to Government, Forest Department, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the Secretary, Forest Department, shall consider the same and pass orders, on merits and in accordance with law, without being influenced by this order. There will be no order as to costs. Consequently, WMP Nos.3874, 3879, 3880, 3881 and 3884 of 2023 are closed.

(T.R., ACJ.) (D.B.C., J.) 10.02.2023 Index : Yes/No : Yes/No Note to Office:

A copy of this order be communicated to the Secretary to Government, Forest Department.

kpl