Malayaha Makkal Maruvazhu v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.8054 of 2005 and W.P.M.P.No.8747 of 2005 and 111 of 2012 Malayaka Makkal Maruvazhu Manram Represented by its General Secretary, Chandrasekar, No.14-56, Club Road, Kotagiri, Nilgiris District.
... Petitioner Vs.
1. The Commissioner, For Rehabilitation, Department of Rehabilitation, Chepauk, Chennai-600 005.
2. The District Collector, The Nilgiris, Nilgiris District.
3. The Forest Settlement Officer, Cuddalur, The Nilgiris District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of certiorarified Mandamus to call for the records in Na.Ka.A5/70974/2004 dated 17.02.2005 on the file of the second respondent herein and quash the same as illegal and direct the second respondent herein to assign the land in possession of the petitioner association members to secure the ends of justice.
For Petitioner :
Mr.R.Sankarasubbu For Respondents :
Mr.K.H.Ravi Kumar Government Advocate
O R D E R
This Writ Petition has been filed seeking for the issuance of a Writ of certiorarified Mandamus to call for the records in Na.Ka.A5/70974/2004 dated 17.02.2005 on the file of the second respondent herein and quash the same as illegal and direct the second respondent herein to assign the land in possession of the petitioner association members to secure the ends of justice.
2. The case of the petitioner is that the petitioner association consists of 69 members and they are srilankan repatriates and as per the scheme evolved by the first respondent, the members were settled in Konavekkarai Village, Sivagiri Nagar and all the members are settled in the said Sivagri Nagar during 1974, and they are in uninterrupted possession over the said land nearly thirty years and they developed the land and had grown tea plantation and silver oak trees thereon. They further constructed houses and Konavakkarai Panchayat assessed the house and the members paid taxes and electricity connection to their houses. As per Revenue Records, the said lands in Survey No.457/1, 201 and 73 were described as 'Mechel Poramboke' and they are paying land Revenue to the lands in their possession.
They have filed a petition for assignment before the respondent and the assignment petition is still pending and the appropriate authority also recommended in favour of the petitioners. However, the respondents desired to evict the petitioners from the said land, thereby, the petitioner made a representation to the second and third respondent as per the Tamil Nadu Forest Act to exempt their habituation from the acquisition. Based on the said representation, a detailed enquiry was conducted by third respondent and on humanitarian consideration, it was held by the 3rd respondent that the habitation may be continued except the land of the petitioners association members. While so, the District Collector, uthagamandal/second respondent without considering the objective report of the third respondent dt.25.01.2005 made in Na.Ka.A.
71/2005 had passed the impugned order in Na.Ka.A.5/7.974/2004 dated 17.02.2005 holding that the second respondent could not assign the lands which in the possession of the petitioners members in their favour. Challenging the said order the present writ petition is filed.
3. The learned counsel for the petitioner would submit that though the petitioner made a representation for land assignment, the same was not considered by the respondents and
hence this Court may issue direction to the respondents, to regularise the petitioner's occupation in the said land on humanitarian ground.
4. The learned Government Advocate appearing on behalf of the respondents would submit that though the petitioner made a representation for assignment of land, since, the land was declared as reserve forest, the same cannot be assigned in their favour and the District Collector also filed the counter affidavit and particularly in paragraph 6, it is stated that the encroachments were made 30 years before and that proposal for diversion of the forest lands already encroached by the petitioner members in reserve forest, may be take up. Evicting the house in the said place is practically not possible and during the district committee meeting held on 20.01.2006, it has been decided to have joint inspection to sort out the issue. In view of the said counter affidavit, this Court may issue a direction to the District Collector namely second respondent to sort out the issue within a reasonable time as fixed by this Court.
5. The facts in the present case are not in dispute. It is the claim of the petitioner Association that their representation to assign the lands in favour of them, was rejected by the authorities and thereby, filed the present writ petition. However, admittedly the petitioner Association are occupying the reserved forest lands, which cannot be assigned to any of the third parties. Furthermore, in the counter affidavit filed by the 2nd respondent, in paragraph no.6 it is held that ''now the Forest Department realised that the encroachments had taken place in this area before 30 years ago and is of the view that proposal for diversion of forest lands already encroached by Ceylon Repatriates in Deepdale Reserve Forest may be take up. Evicting the houses in the above places is not practically possible. During the District Steering Meeting held on 20.01.2006 by the then Collector, it has been decided to have joint inspection of the land to sort out the issue. All the possibilities are being examined to solve the problem''.
6. Therefore, it is seen from the counter affidavit that the respondents have decided to sort out the issue amicably. In view of the said counter affidavit, this Court directed the second respondent to sort out the issue on humanitarian ground, within a period of 24 weeks from the date of receipt of copy of this order.
7. This Writ Petition is disposed of with the above observations. No costs. Consequently, connected writ miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar Psa/Sk To
1. The Commissioner, For Rehabilitation, Department of Rehabilitation, Chepauk, Chennai-600 005.
2. The District Collector, The Nilgiris, Nilgiris District.
3. The Forest Settlement Officer, Cuddalur, The Nilgiris District.
+1cc to the Special Government Pleader, S.R.No.9413 W.P. No.8054 of 2005 SR(CO) SU(17/03/2022)