G.Dharmaraj v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.566 of 2014 1.G.Dharmaraj 2.P.Gangaraj 3.S.Subramani 4.P.Sengamalai 5.M.Kumarasamy 6.P.Sundaraj 7.C.Raj 8.V.Sivabalan 9.V.Senthilkumar 10.P.Masi 11.N.Papathi 12.G.Maruthai 13.M.Rajendran 14.M.Raj 15.N.Maruthai 16.N.Chithamparam 17.C.Chinnathambi 18.K.Muthusamy 19.P.Shanmugam 20.N.Kandhasamy 21.P.Sekar 22.P.Natarajan 23.R.Gopal 24.A.Abimannan 25.P.Chinnasamy 26.P.Kanagaraj 27.K.Abburan 28.M.Natarajan 29.M.Manikam 30.P.Raj 31.G.Gandhiyammal 32.P.Raj 33.D.Thangavel 34.M.Gunasekaran 35.V.Thangaraj 36.M.Muthuveeran
37.L.Periyasamy 38.A.Arumugam 39.M.Perumal 40.P.Annadurai .. Petitioners -vs1.State of Tamil Nadu, Rep. By the Secretary, Dept. of Environment and Forests, Secretariat, Fort St. George, Chennai-9.
2.The District Collector/Chair Person District Level Committee, under the Scheduled Tribes and other Traditional Forest Dwellers (Recognized of Forest Rights) Rules, 2007, District Collectorate, Perambalur District.
3.The District Forest Officer, O/o.The District Forest Officer, Perambalur District, Perambalur.
4.The District Level Forest Right Committee, (constituted under the Scheduled Tribes and other Traditional Forest Dwellers (Recognized of Forest Rights) Rules, 2007, Rep. By its Chairman, District Collectorate, Sivagangai District.
5.The Tahsildar, Perambalur Taluk Office, Perambalur District.
6.The Gram Sabha Rep. By the President (Keezhakanavai Village) Velur Village Panchayat, Perambalur Taluk, Perambalur District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the 3rd respondent from evicting the petitioners from their dwelling houses and land in Survey No.404, Keezhakanavai Village, Velur Panchayat, Perambalur Taluk, Perambalur District, without conducting an enquiry and passing of orders under the Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights Act, 2006 and Rules thereon based on the
petitioners representation dated 13.08.2013.
For Petitioners :
Mr.K.Thilageswaran For Respondents :
Mr.Manoharan, AGP (F) RR 1 to 4 :
Mr.R.Vijayakumar, Addl.G.P. for RR 5 and 6 * * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, it transpires that a notice was issued by the respondent authorities on 26.07.2013 and the petitioners have made a representation on 13.08.2013. The matter has not proceeded further in view of the pendency of the writ petition.
2.It is, thus, agreed that if the petitioners, in support of their plea, want to furnish any further material, they may do so within one (1) month from today. The respondent authorities will take a decision on the same within a maximum period of three (3) months thereafter, after holding a proper enquiry. 3.Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The Secretary to Govt. of Tamil Nadu, Dept. of Environment and Forests, Secretariat, Fort St. George, Chennai-9.
2.The District Collector/Chair Person District Level Committee District Collectorate, Perambalur District.
3.The District Forest Officer, O/o.The District Forest Officer, Perambalur District, Perambalur.
4.The Chairman, District Level Forest Right Committee, District Collectorate, Sivagangai District.
5.The Tahsildar, Perambalur Taluk Office, Perambalur District.
6. The President The Gram Sabha (Keezhakanavai Village) Velur Village Panchayat, Perambalur Taluk, Perambalur District.
+1cc to Mr.K. Thilageswaran, Advocate, S.R.No.74346 +1cc to the Government Pleader, S.R.No.74008 ksj(CO) md(27/12/2016) W.P.No.566 of 2014