Adivasi Girivarka Kanikar Karshaka v. The Cabinet Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR Adivasi Gririvarka Kanikar Karshaka Samudaya Sangam, Kallaravayal Pathukani, Pathukany Post, Kanyakumari District, Tamil Nadu (Representing Kani Community No.357/1983), Represented by its Secretary.

... Petitioner /Vs./ 1.The Cabinet Secretary, Cabinet Secretariat, Rashtrapathi Bhavan, New Delhi-110 004.

2.The Secretary to Government of India, Ministry of Forest and Environment, Jor Bagh, Lodhi Colony, New Delhi-110 003.

3.The Secretary to Government of TamilNadu, Forest Department, Fort St.George, Chennai.

4.The Secretary to Government of Kerala, Forest Department, Government Secretariat, Trivandrum. 5.The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai-600015.

6.The Principal Chief Conservator of Forests, Forest Head Quarters, Vazhuthacaud, Trivandrum-695 014. 7.The Chief Conservator of Forests and Field Director, Project Tiger, Kalakad Mundanthurai Tiger Reserve, NGO Colony, Tirunelveli-627 007.

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8.The Director, Archives, Trivandrum, Kerala State-695 003. 9.The Deputy Director, Kalakad Mundanthurai Tiger Sanctuary, Agasthyar East Street, Ambasamudram-627 401.

10.The District Collector, Kanyakumari District, Nagercoil. 11.The District Collector, Trivandrum District, Kerala State, Trivandrum.

12.The Superintending Engineer, Tamilnadu Electricity Generation and Distribution Corporation Ltd., Parvathipuram, Kanyakumari District-629 003.

13.The Managing Director, Arasu Rubber Corporation Ltd., Vadassery, Kanyakumari District, Nagercoil-629 001.

14.The Sub Collector, Padmanabhapuram, Thuckalay, Thuckalay Post.

15.The Revenue Divisional Officer, Trivandrum, Kerala State-695 043.

16.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District-629 163.

17.The Tahsildar, Kalkulam Taluk, Thuckalay, Thuckalay Post, Kanyakumari District. 18.The Tahsildar, Nyyatinkara Taluk, Trivandrum District, Kerala State-695 121.

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19.The Regional Director, Rubber Corporation, Nagercoil, Kanyakumari District-629 001.

20.The Forest Range Officer, Kaliyal Forest Range, Kaliayal Post, Kanyakumari District.

21.The Forest Range Officer, Kulasekharam Range, Kanyakumari District.

22.The Forest Range Officer, Mundanthurai Range, Mundanthurai, Tirunelveli District.

23.The Forest Range Officer, Papanasam Range, Papanasam, Tirunelveli District.

24.The Forest Officer, Kaliyal, Vilavancode Taluk, Kanyakumari District.

25.The Forest Officer, Kulasekharam, Kalkulam Taluk, Kanyakumari District.

26.The Village Administrative Officer, Kaliyal, Vilavancode Taluk, Kaliyal Post, Kanyakumari District.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to conduct a detailed inquiry on the petitioners representation dated 29.07.2019 and also take steps for the issuance of 'Patta' to the members of the petitioner Society in respect of the subject matter lands.

For Petitioner : Mr.C.R.Nimal For R-1 & R-2 : Ms.L.Victoria Gowri, Standing Counsel For R-3,5,7,9,10,13, 14, 16, 17, 19, 20 to 26 : Mr.K.Mu.Muthu Additional Government Pleader 3/5

ORDER

After some arguments, learned counsel for writ petitioner seeks permission to withdraw instant writ petition, but makes a plea that the rights of the individuals constituting the writ petitioner entity may please be preserved for agitating their rights in appropriate forum including this Court qua same cause of action.

2. Permitted to withdraw.

3. Learned counsel has made an endorsement in the case file in this regard. Endorsement is reiterated.

4. In the light of the endorsement and reiteration of the same, instant Writ Petition is dismissed as withdrawn albeit preserving the rights of the members of the writ petitioner entity in the aforesaid manner. No costs.

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar sm To 1.The Secretary to Government of TamilNadu, Forest Department, Fort St.George, Chennai.

2.The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai-600015.

3.The Chief Conservator of Forests and Field Director, Project Tiger, Kalakad Mundanthurai Tiger Reserve, NGO Colony, Tirunelveli-627 007.

4.The Deputy Director, Kalakad Mundanthurai Tiger Sanctuary, Agasthyar East Street, Ambasamudram-627 401.

5.The District Collector, Kanyakumari District, Nagercoil. 6.The Managing Director, Arasu Rubber Corporation Ltd., Vadassery, Kanyakumari District, Nagercoil-629 001.

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7.The Sub Collector, Padmanabhapuram, Thuckalay, Thuckalay Post.

8.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District-629 163.

9.The Tahsildar, Kalkulam Taluk, Thuckalay, Thuckalay Post, Kanyakumari District. 10.The Regional Director, Rubber Corporation, Nagercoil, Kanyakumari District-629 001.

11.The Forest Range Officer, Kaliyal Forest Range, Kaliayal Post, Kanyakumari District.

12.The Forest Range Officer, Kulasekharam Range, Kanyakumari District.

13.The Forest Range Officer, Mundanthurai Range, Mundanthurai, Tirunelveli District.

14.The Forest Range Officer, Papanasam Range, Papanasam, Tirunelveli District.

15.The Forest Officer, Kaliyal, Vilavancode Taluk, Kanyakumari District.

16.The Forest Officer, Kulasekharam, Kalkulam Taluk, Kanyakumari District.

17.The Village Administrative Officer, Kaliyal, Vilavancode Taluk, Kaliyal Post, Kanyakumari District.

+1 CC to M/s.M.P.HARIPRASAD, Advocate ( SR-92085[F] dated 16/10/2019 ) +1 CC to M/s.L.VICTORIA GOWRI, Advocate ( SR-92161[F] dated 16/10/2019 ) +1 CC to M/s.SPL GP ( SR-92509[F] dated 17/10/2019 ) Order made in Dated:

16.10.2019 JM/25.10.2019/5P/21C 5/5