Madras High CourtWP/19411/2013disposed of

V.Mani, v. The Chief Secretary And

2016-07-21Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.07.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.19411 of 2013

1. V.Mani 2.A.Balan ... Petitioners

Versus

1. The Chief Secretary and Chairperson State Level Monitoring Committee under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Fort St.George, Chennai 600009.

2.The District Collector and Chairperson District Level Committee under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Nilgiris District, Udhagamandalam.

3. The Revenue Divisional Officer and Chairperson Sub Divisional Level Committee under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Coonoor Sub Division.

4.State of Tamilnadu rep. by its Secretary Department of Environment and Forest Fort St.George, Chennai 600 009.

5.Union of India, rep. by its Secretary Ministry of Environment and Forest, CGO Complex, Lodhi Road,

6.Union of India, rep. by its Secretary Ministry of Tribal Welfare CGO Complex, Lodhi road,

7. The Block Development Officer (BP) Gudalur Panchayat Union, Nilgiris District.

... Respondents (R7-impleaded vide order of Court dt:21/7/2016 made in MP.1/14 in WP.19411/2013) Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents to complete the recognition of rights under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2007, recognise the community rights as well as the individual rights of the petitoiners and consequently issue pattas to the petitioners in Survey Old No.163/New No.130, Masinagudi Village, Nilgiris District.

For Petitioner ::: Mr.D.Nagasaila For Respondents ::: Mr.M.K.Subramanian for R.4 Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.Shanmugasundar Government Advocate for R.1 to R.3 and R.7 Mr.Su.Srinivasan Assistant Solicitor General for R.5 and R.6

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) Learned counsel appearing for the Department of Environment and Forest, State of Tamil Nadu/4th respondent states that pursuant to the order of the Hon'ble Supreme Court of India in Transfer Case (Civil) Nos.39 of 2015 with SLP.(C) Nos.11408 - 11409 of 2009 dated 01.02.2016, the process of enumeration and verification of the residents of the area is going on to determine the eligible persons. He states that it will take about a month's time.

2. In view of the aforesaid, we dispose of the writ petition with a direction that the interim order would continue to enure for the benefit of the petitioners till such time as the aforesaid process is completed.

3. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Chief Secretary and Chairperson, State Level Monitoring Committee under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Fort St.George, Chennai 600009.

4.The Secretary Department of Environment and Forest Fort St.George, Chennai 600 009.

5.The Secretary Ministry of Environment and Forest, CGO Complex, Lodhi Road,

6.The Secretary Ministry of Tribal Welfare Paryavaran Bhavan, CGO Complex, Lodhi road,

7. The Block Development Officer, Gudalur Panchayat Union, Nilgiris District.

+1 cc to Mr.D.Nagasaila Advocate sr.41419 +1 cc to the Government Pleader sr.41573 +1 cc to the Special Government Pleader forest sr.41659 W.P.No.19411 of 2013 aa16/08/2016