Sekar. S v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P.(MD)Nos.11576, 11580 and 11581 of 2021 W.P.(MD)No.14643 of 2021:
S.Sekar ... Petitioner Vs.
1.The Revenue Divisional Officer, Karur, Karur District.
2.The Tahsildar, Kulithalai Taluk, Kulithalai, Karur District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, forbearing the respondents herein from in any way interfering or evicting the petitioner and his brothers families from the land in Survey No.348 of Rajendram Village, Kulithalai Taluk, Karur District, to an extent of 2 Acres without following due process of law. W.P.(MD)No.14644 of 2021:
Jeyachandra ... Petitioner Vs.
1.The Revenue Divisional Officer, Karur, Karur District.
2.The Tahsildar, Kulithalai Taluk, Kulithalai, Karur District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, forbearing the respondents herein from in any way interfering or evicting the 1/3
petitioner, her brother-in-laws and sister-in-laws families from the land in Survey No.348 of Rajendram Village, Kulithalai Taluk, Karur District, to an extent of 2.24 Acres without following due process of law.
W.P.(MD)No.14645 of 2021:
Lakshmanaperumal ... Petitioner Vs.
1.The Revenue Divisional Officer, Karur, Karur District.
2.The Tahsildar, Kulithalai Taluk, Kulithalai, Karur District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, forbearing the respondents herein from in any way interfering or evicting the petitioner and his brother-in-laws families from the land in Survey No.348 of Rajendram Village, Kulithalai Taluk, Karur District, to an extent of 2 Acres without following due process of law. For Petitioner in all cases : Mr.N.Anandakumar For Respondents in all cases : Mr.B.Saravanan Government Advocate ***** COMMON ORDER (Order of this Court was made by M.DURAISWAMY,J.) The petitioners have filed the above writ petitions to issue writs of Mandamus, forbearing the respondents from interfering or evicting the petitioners and his brothers' families from the land in Survey No.348 of Rajendram Village, Kulithalai Taluk, Karur District, to an extent of 6.24 Acres without following due process of law.
2. Since the issues involved in all these writ petitions are identical, the writ petitions are disposed of by this common order.
3. It is the case of the petitioners that they are in possession of total extent of 6.24 Acres in Survey No.348 of 2/3
Rajendram Village, Kulithalai Taluk, Karur District and that the respondents are trying to dispossess them from the lands in Survey No.348, forms part of Rajendram Forest block notified under Section 4 of the Tamil Nadu Forest Act, 1883, as per G.O.Ms.No.27, Food and Agriculture, dated 03.01.1962 and published at page No.324, part II Section 1 of Fort St.George Gazette, dated 21.02.1962. Even as per the order of the Forest Settlement Officer, Musiri, dated 22.02.1979, the lands in S.F.No.348 form part of Rajendram Forest Block. When the petitioners are in possession of a forest land, they cannot remain in possession of the same. The petitioners are liable to be evicted, however, following the due process of law.
4. Mr.B.Saravanan, learned Government Advocate, taking notice for the respondents, submitted that the respondents would evict the petitioners from the forest land in S.F.No.348 in accordance with law.
5. In view of the submission made by the learned Government Advocate to the effect that the petitioners would be evicted from the forest land in accordance with law, we do not find any reason to issue direction to the respondents. Accordingly, the Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL 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 Revenue Divisional Officer, Karur, Karur District. 2.The Tahsildar, Kulithalai Taluk, Kulithalai, Karur District.
+1 CC to M/s.GP ( SR-26761[F] dated 19/08/2021 ) +1 CC to M/s.N.ANANDA KUMAR, Advocate (SR-26878[F]dated 19/08/2021 ) 18.08.2021 RD(26.08.2021) 3P 5C 3/3