Madras High CourtWP(MD)/9048/2021disposed of

Gurunathan v. The Govt. Of Tamil Nadu

2021-06-23Honourable Mrs Justice J. Nisha Banu8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.06.2021

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU (Through Video Conference) 1.Gurunathan 2.Ramalingam 3.Kannan 4.Muthuramalingam 5.Mayan 6.Selvi 7.Jothimani 8.Azhagar 9.Chinnasamy 10.Patchivel 11.Gubendran 12.Perumal 13.Chinnamuthu 14.Chinnan 15.Mookaiyan 16.Thannasi 17.Bommiammal 18.Poochammal 19.Ganeshpandi 20.Chinnan 21.Raman 22.Rajathi 23.Alagammal 24.Muthaiah 25.Petchiammal 26.Alagammal 27.Chinnamuthu 28.Ramkumar 29.Latchanakumar 30.Veeranan 31.Ponnusamy 32.Selvakumar 33.Karuthakalai 34.Veerammal 35.Vellakalai 36.Bethanan 37.Aringer 38.Nalluchamy 39.Ayyanar 40.Samikannu 41.Thangarasu 42.Chinnasamy 43.Boopathi 1/8

44.Murugan 45.Muthandi 46.Sangili 47.Raghu Ram 48.Jayaraj 49.Ramakrishnan 50.Maruthan 51.Mookaiah 52.Nagaraj 53.Ganesan 54.Vanathai 55.Sarathaa 56.Andichiammal 57.Alagarsamy 58.Alagusamy 59.Chinnakaruppan 60.Thannasi 61.Maruthan 62.Alaguthai 63.Thenmalai 64.Posan 65.Perumal 66.Karnan 67.Mookan 68.Patchandi 69.Periyakaruppan 70.Kothan 71.Annakodi 72.Vanaraj 73.Rajendran 74.Ganesan 75.Subbaiah 76.Vanam 77.Chinnan S/o.Perumal 78.Chinnan S/o.Alagarmoopan 79.Packiyam 80.Selvam 81.Deivendran 82.Periyasamy 83.Muthupandi 84.Mayandi 85.Murugan 86.Ponnusamy 87.Petchiammal 88.Mayikalai 89.Periyasamy 2/8

90.Andi 91.Kannan 92.Solaialagu 93.Posan 94.Paulraj 95.Paramasivam 96.Sri Muthalamman Temple, Represented by its Poosari Muthukalai 97.Vijaya 98.Dhanraj 99.Selvakumar 100.Edhalroja 101.Sellandi 102.Packiyalakshmi 103.Mariappan 104.Don Maksh 105.Rathamani 106.Puthiya 107.Yesudhass 108.Pitchaiammal 109.MUrugan 110.Nageswari 111.Manikathal 112.Madathi 113.Rasathi 114.Valliammal 115.Ravichandran 116.Mahadevan 117.Saraswathi 118.Vanaroja 119.Muthumari ... Petitioners Vs.

1.The Government of Tamilnadu, Rep. by its Secretary to Government, Forest Department, Fort St. George, Chennai.

2.The Director, Schedule Tribes Welfare Department, (Schedule Tribes and other Traditional Forest Dwellers, Recognition of Forest Rights Department), Adi Diravidar and Schedule Tribes Welfare Directorate, Chepauk, Chennai - 600 005.

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3.The District Collector, Theni District, Theni.

4.The Tahsildar, Andipatti Taluk, Andipatti, Theni District.

5.The Revenue Divisional Officer, Periyakulam, Theni District.

6.The Divisional Forest Officer, Collectorate Building, Theni, Theni District.

7.The Forest Settlement Officer, Collectorate Building, Theni, Theni District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to proceed on the basis of the Gram Sabha resolutions dated 15.08.2019 and 06.03.2020 in accordance with law particularly under Chapter IV of the Schedule Tribes and other Forest Traditional Dwellers (Recognition of Forest Tribes) Act, 2006 insofar as the petitioners right under Chapter II delineating the recognition of and vesting of forest rights are concerned.

For Petitioner : Mr.M.Joseph Thatheus Jerome For Respondents : Mr.Veera.Kathiravan, Senior Standing Counsel

O R D E R

This writ petition has been filed by the petitionerd seeking for issuance of a Writ of Mandamus, directing the respondents to proceed on the basis of the Gram Sabha resolutions dated 15.08.2019 and 06.03.2020, in accordance with law particularly under Chapter IV of the Schedule Tribes and other Forest Traditional Dwellers (Recognition of Forest Tribes) Act, 2006 insofar as the petitioners' right under Chapter II delineating the recognition of and vesting of forest rights are concerned.

2.The brief facts of the case are as follows: 4/8

(i) The petitioners are all Scheduled Caste and belong to other traditional forest dwellers who have been residing in lands in old Survey No.1 to 1556 which were abolished Zamin Estate as per G.O.3157 revenue dated 09.12.1950 under the Tamilnadu Estates (abolition and conversion into ryotwari) Act 1948, belonging to Gandamanur Zamin, Gandamanur, Andipatti Taluk, Theni District. The said lands in which petitioners were residing are now in Resurvey No.905 in Vandiyur Sub-Division, Kamarajapuram and Vandiyur, Megamalai Village, Andipatti Taluk, Theni District. (ii) It is the specific case of the petitioners that for the past 80 years, the petitioners and their families have been residing in the above said lands and they are small landholders and cultivating cotton, coconut, cashew and lime.

The livelihood of the petitioners depends entirely on the agricultural and allied animal husbandry activities and that they have been residing in the above lands and paying House Tax, Electricity Tax and all other incidental taxes and all of them are having ration cards and are voters in all Indian Elections. There is a Government Panchayat Office(Thummakundu), Ration (PDS) Shop, Government School (Vandiyur), Temple and Community Land, Kalam, Grazing Fields, roads, pathway, crematorium, cemetery earmarked by the Government for the use of the village forest dwellers in the above said lands which had been wrongly converted into forest during 1988. (iii) While the matter stood thus, the petitioners made a representation on 24.11.1999 under the Forest Act and in furtherance, they have made representation to the second respondent on 10.07.

2018, seeking recognition of their fundamental and statutory right under the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. with regard to the request made by the petitioners, the District Collector through the Block Development Officer convened a Grama Sabha. In the said Grama Sabha, it was resolved as follows: "(i) the Kamarajarpuram be provided with extended transport connection.

(ii) the Agricultural activities of the villagers be recognised and patta be provided."

(iv) Subsequently, Grama Sabha of Vandiyur, Kamarajapuram, Thummakundu, Balasubramaniyapuram, Indira Nagar, Valiparai, Gandhigramam, Thandiyakulam, Kodaliyuthu, Muthu Nagar, Nochi Odai, Anjarapuli, Ulluthu, Oyamparai, held meeting consisting of the village assembly adult members under the auspices of the Tahsildar, Andipatti Taluk, Theni District on 06.03.2020 and resolution as required under Section 6(1) of Chapter VI of the Schedule Tribes and other Forest Traditional Dwellers (Recognition of Forest Tribes) Act, 2006 was passed as follows:

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a) Seeking recognition of the rights of the scheduled Tribes and other forest dwellers of the said villages, regarding their individual patta for their houses and agricultural land holdings.

b) To recognize the right of the crematorium of Thummakundu village.

c) Recognizing the rights of crematorium, pathway and bridge across the stream to the crematorium d) Recognizing the right of the villagers to have common passage to their lands under the above Act. (v) It is the specific case of the petitioners that the rights of the petitioners are required to be recognized at the earliest as they are being time and again harassed by the forest officials. Hence, this writ petition.

3. The learned counsel for the petitioners would state that the petitioners have made a representation before the respondent on 20.03.2020 along with the resolution passed by the Grama Sabha and it would suffice if a direction is given to dispose of the representation of the petitioners.

4. The learned Senior Standing Counsel for the respondents would state that a procedure has been contemplated under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and that has to be followed before considering the representation.

5. Heard the submissions made on either side and perused the materials available on record.

6. Considering the limited scope of the prayer sought for in this writ petition, without going into the merits of the case projected by the petitioners either in their representation or in this Writ Petition, the respondents are directed to consider the representation of the petitioners dated 20.03.2020 based on the Gram Sabha resolutions dated 15.08.2019 and 06.03.2020 in accordance with the Schedule Tribes and other Forest Traditional Dwellers (Recognition of Forest Tribes) Act, 2006 and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

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7.With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Secretary to Government, Forest Department, Government of Tamilnadu, Fort St. George, Chennai.