Dr.T.Murugavel v. The Principal Chief
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Dr.T.Murugavel : Petitioner Vs 1.The Principal Chief Conservator of Forests Panagal Maligai, Saidapet Chennai 15 2.The Union of India Rep. by its Secretary Ministry and Environment and Forests Indies Parayavar Bhavan, New Delhi 110 003 3.The State of Tamil Nadu rep. by its Principal Secretary Department of Environmental and Forests Fort St. George, Secretariat, Chennai 9 4.The Conservator of Forests Coimbatore Circle, Tamil Nadu Forest Academy Campus Coimbatore 641 002 5.The District Forest Officer Tamil Nadu Forest Academy Campus Coimbatore 641 002
6.The District Forest Office & Deputy Director Sathyamangalm Division Sathyamangalm Tiger Reserve Sathyamangalm, Erode District 7.The Conservator of Forests and field Director Sathyamangalm Tiger Reserve Sathyamangalm, Erode District 8.The Public Works Department Rep. by its Superintending Engineer Bhavani Basin Circle, Coimbatore 9.K.Pomman 10.M.Ammasai Kutti 11.N.Rangasamy 12.R.Velumani 13.S.Rangaraj 14.R.Moorthy 15.K.Murugan 16.K.Kanagarajan 17.P.Rangasamy 18.R.Kalisamy 19.D.Periyasamy 20.K.Ganeshmoorthy 21.R.Murugesan 22.M.Subramaniam 23.R.Palanisamy : respondents (Respondents 9 to 23 are impleaded as per order dt.20.06.18 in WMP No.17130/18) Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to clear encroachments and prevent such encroachments in future in the reserved forest lands in the area of submergence of the Bhavani Sagar Dam and to discontinue leasing of Government lands in the area of submerged of the Bhavanisagar Dam for agriculture in the dry periods.
For the Petitioner :
Mr.R.Srinivas, Senior Counsel, for Ms.Mythili Srinivas For Respondents 1, 3 to 8 :
Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.M.D.Muhilan, A.G.P.
For Respondent No.2 :
Mr.Karthikeyan For Respondents 9 to 23 :
Mr.P.Paramasiva Doss
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.R.Srinivas, learned Senior Counsel, for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1, 3 to 8; Mr.Karthikeyan, learned counsel for the second respondent and Mr.P.Paramasiva Doss, learned counsel for respondents 9 to 23.
2. Encroachment is alleged on the forest land; in the area of submergence of the Bhavani Sagar Dam. Request is made to discontinue leasing of the Government property and also to clear the encroachments. According to the private respondents 9 to 23, they are legitimately in possession of the property under a valid lease of the Government. The Government can execute lease of its property for agricultural purpose.
3. In the present matter, we are not deciding about the rights of the parties in view of the fact that status report has been filed by the Government. The list of encroachments has been given in paragraph 8 of the status report. Paragraphs 8 and 9 of the status report read as under: "8.The list of encroachments in Vilamundi Reserve Forests and Nilgiris Eastern Slope RF is furnished below:
Name of Reserve Forest Name of the Encroachment Portion/ Habitat In the year Extent of In the year No. of families In the year 2018 Extent of In the year No. of families In the year 2023 Extent of In the year No. of families Area in Area in Area in Ha Ha Ha Vilamundi Mundankarai 59.09 51.01 52.032 Samiyar Modakku 17.80 13.96 8.49 Othapanaimara Kadu 61.92 64.14 36.69 Thooramokkai 12.55 16.99 18.30 Manalmedu 27.52 33.92 10.39 Nilgiris Eastern Slope RF Boothikuppai 80.13 80.13 21.04 Boothikuppai to Kembarai 37.23 Evicted Evicted Karuvakandi to Nadukanchi 68.80 Kembharai to Karuvakandi 76.08 Evicted Evicted Total 441.12 260.15 146.942
9.It is respectfully submitted that following the implementation of various measures, including regular patrolling by the Forest Department in the encroachment area, prevention of new cultivation and removal of electric fences, the number of encroachers and encroachment area has declined from 441.122 ha to 146.942 ha. It is respectfully submitted that the eviction process involves the eviction of some landless poor families from six separate locations, and the eviction process will be taken up in a phased manner."
4. It is stated that the encroachment shall be removed by the State Government. No doubt while removing the encroachment, the process of law will have to be followed. The parties may put-forth their case during the relevant stages when the Government would follow the process for eviction.
5. It is further stated that the eviction process would involve the eviction of some landless poor families from six separate locations. As such, the eviction process will be taken up in a phased manner.
6. In view of the status report filed, there is no need to pass a separate order. The writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.11174 of 2018 is closed. (S.V.G., CJ.) (P.D.A., J.) 20.09.2023 Index : Yes/No : Yes/No tar
To 1.The Principal Chief Conservator of Forests Panagal Maligai, Saidapet Chennai 15 2.The Secretary Ministry and Environment and Forests Indies Parayavar Bhavan, New Delhi 110 003 3.The Principal Secretary Department of Environmental and Forests Fort St. George, Secretariat, Chennai 9 4.The Conservator of Forests Coimbatore Circle, Tamil Nadu Forest Academy Campus Coimbatore 641 002 5.The District Forest Officer Tamil Nadu Forest Academy Campus Coimbatore 641 002 6.The District Forest Office & Deputy Director Sathyamangalm Division Sathyamangalm Tiger Reserve Sathyamangalm, Erode District 7.The Conservator of Forests and field Director Sathyamangalm Tiger Reserve Sathyamangalm, Erode District 8.The Superintending Engineer Public Works Department, Bhavani Basin Circle, Coimbatore
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(tar) 20.09.2023