Mani v. State Of Tamil Nadu Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.25414 of 2022
1. Mani
2. Perumal
3. Govindasamy
4. Govindasamy
5. Mayil
6. Lakshmanan
7. K. Sundaresan
8. Murugan
9. Perumal 10.Muthu 11.Kedi Perumal 12.Venkatraman 1/10
13.Duraisamy 14.Kuppusamy 15.Perumal 16.Govindan 17.Periyasamy 18.Umaiyan 19.Tirupathi 20.Venkatasamy 21.Murugan 22.Mani 23.Kaveri 24.Govindasamy 25.Sennammal 26.Gundumani 27.C.Sivakumar 28.Sekar 29.Gundan 30.Raja 31.Settu 2/10
32.Madhu 33.Kandasamy 34.Chinnadurai 35.Perumal 36.Perumal 37.Murugan 38.Chinna Perumal 39.Rami 40.Rani 41.Kavitha 42.Murugan 43.Chandran 44.Jaiah 45.Perumal 46.L.Perumal 47.Lakshmanan 48.Thirupathi 49.Govindaraj 50.Perumal 3/10
51.Venkatajalapathy 52.Thangaperumal 53.L.Perumal 54.Muttiperumal 55.Mukkasamy 56.Chinnamukkan 57.Govindasamy 58.Ganesan 59.Muniyappan 60.Ramachandran 61.Saravanan 62.Muniyappan 63.Ramasamy 64.Krishnan 65.Murugan 66.Muniyammal 67.Subramani 68.Saroja 69.Lakshmanan 4/10
70.L.Velmurugan
...Petitioners
Vs.
1.The State of Tamil Nadu represented by its Principal Secretary to Government, Environment, Climate Change and Forest Department, Secretariat, Chennai -600 009 2.The Principal Chief conservator of Forests, Panagal Maaligai,1,Jennis Road, Saidapet, Chennai - 600 015.
3. The Collector, Krishnagiri District, Krishnagiri
4. The Forest Settlement Officer, Krishnagiri
5. The District Forest Officer, Mathigiri, Hosur, Krishnagiri District.
6. The Revenue Divisional Officer, Krishnagiri.
7. The Forest Ranger, Rayakottah, Krishnagiri District.
8. The Settlement Tahsildar, Krishnagiri Taluk, Krishnagiri.
9. The Revenue Tahsildar, Krishnagiri Taluk, Krishnagiri
...Respondents.
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to implement the proceedings of the 4th respondent in proceedings No.239/79 dated 20.06.2006 and issue patta to the petitioners for their respective occupation based upon the 5/10
representation of the petitioners dated 12.09.2022 and pass orders. For Petitioner : Mr.S. Doraisamy For Respondents : Mr.U. Bharanidharan Additional Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to implement the proceedings of the 4th respondent in proceedings No.239/79 dated 20.06.2006 and issue patta to the petitioners for their respective occupation based upon the representation of the petitioners dated 12.09.2022.
2. The learned Additional Government Pleader takes notice for the official respondent. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.
3. The learned counsel for the petitioners submitted that the petitioners and their predecessors were in enjoyment and possession of the subject land for more than 8 decades. They are provided with all the basic amenities by the Government such as drinking water, electricity etc., 6/10
Whileso the Collector, Dharmapuri passed an order classifying the subject lands as reserved forest land for which there was an objection by the concerned persons and the Forest Settlement Officer conducted an enquiry under section 8 and 10 of the Tamil Nadu Forest Act, 1982 and action was taken to convert the subject lands as reserved forest. Thereafter the Settlement officer conducted a field verification and found that the occupants of the subject land converted the unusable lands into cultivable one. Finally the Forest Settlement officer vide proceedings No.239/79 dated 20.06.2006 concluded that even though the subject lands are promboke lands it may be regularized and patta can be granted to the occupants as per Section 16 and 16(2) of the Forest Act. Hence the petitioners made several representation to the respondents to implement the proceedings No.239/79 dated 20.06.2006 and finally the petitioners gave a representation on 12.09.2022. However, till date no orders have been passed. Hence, this writ petition is filed with the aforesaid prayer.
4. The learned counsel appearing for the petitioners submitted that the it would suffice, if this Court issues direction to the respondent to consider the petitioners representation dated 12.09.2022 and pass 7/10
appropriate orders within a reasonable time fixed by this Court.
5. The learned Additional Government Pleader appearing on behalf of the respondent submitted that the petitioners representation dated 12.09.2022 will be considered on merits and in accordance with law within a reasonable time fixed by this Court.
6. Considering the limited request made by the petitioner, this Court is inclined to direct the 3rd and 4th respondents to consider the petitioner's representation dated 12.09.2022 if there is legal impediment and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
7. With the above terms, this present writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 28.09.2022 Speaking Order : Yes/ No Index : Yes/ No 8/10
smn To 1.The State of Tamil Nadu represented by its Principal Secretary to Government, Environment, Climate Change and Forest Department, Secretariat, Chennai -600 009 2.The Principal Chief conservator of Forests, Panagal Maaligai,1,Jennis Road, Saidapet, Chennai - 600 015.
3. The Collector, Krishnagiri District, Krishnagiri
4. The Forest Settlement Officer, Krishnagiri
5. The District Forest Officer, Mathigiri, Hosur, Krishnagiri District.
6. The Revenue Divisional Officer, Krishnagiri.
7. The Forest Ranger, Rayakottah, Krishnagiri District.
8. The Settlement Tahsildar, Krishnagiri Taluk, Krishnagiri.
9. The Revenue Tahsildar, Krishnagiri Taluk, Krishnagiri 9/10
M.DHANDAPANI,J.
smn 28.09.2022 10/10