MOOKA GOWDER Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE writ petitioner is said to be in possession of an extent of 307.620 hectares of janmam lands in S.F.No.303/1 at Devala village, Gudalur. It appears that he has filed a suit for injunction against the Forest Department in OS.No.114 of 1984 before the District Munsif-cum-Judicial Magistrate Court, Gudalur and there has been a decree for injunction passed on 31.10.1986 in his favour in respect of the said lands. In the earlier writ petition filed by him through his sons and daughter in WP.No.38699 of 2003 seeking a direction, this Court, by an order dated 31.12.2003, has only directed to consider the individual representations of the petitioners therein dated 10.10.2003 for the purpose of issuance of patta. It is pursuant to that the third respondent passed the impugned order dated 12.4.2004, which clearly shows that neither in the Civil Court nor in the High Court, there has been a direction to measure the property and issue patta to him. While the suit filed by him was in respect of injunction, the earlier writ petition was only to consider the representations. After taking note of the fact that as per the Government records, the lands concerned have been categorized as forest lands, under the impugned order, the third respondent rejected the claim of the petitioner for measuring the lands and issuing patta. It is against such order, the present writ petition has been filed.

(2.) THE contention of Mr.V.Manohar, learned counsel for the petitioner is that under THE Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (Tamilnadu Act 24 of 1969), as per Section 17, the lessees or persons in occupation carrying on cultivation are entitled to certain rights. According to him, the relationship and his right to continue to be in possession have not been determined by the Government and therefore, he is entitled to continue to be in possession.

(3.) AS per the said section, it is open to the Government, in pubic interest, after giving notice, terminate the right of any person, who is in occupation of janmam lands. It is true that under Section 17(1)(c) of the said Act, if the Government has not taken such steps in determining the relationships, the right of occupation is deemed to be a valid one. The question as to whether such a right is available to the petitioner or not cannot be decided in this writ petition. In such view of the matter, I am of the considered view that the petitioner is not entitled to have any relief claimed in the writ petition.