SOLAI SENTHILVEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, in his capacity as elected President of Allur Panchayat, Kalayarkoil Panchayat Union, Sivaganga District has projected this writ of mandamus before this Court, praying for a issuance of a direction in forbearing the fourth respondent/Tamil Nadu Forest Plantation Corporation Limited, Karaikudi, his men, agents, or servants or any one claiming through him from in any way interfering with the right of use of channels (path way) in S.F.No.10, Pirandaikulam Group Village No.60, Sivaganga Taluk.

(2.) The land in question in S.F.No.10, Pirandaikulam Group Village No.60, Sivaganga Taluk has been classified as Reserved Forest Area as per the G.O.Ms.No.653, Forest and Fisheries Department, dated 22.07.1979, under Section 16 of the Tamil Nadu Forests Act, 1882. The said land is lying perpendicular to the main road leading to Tondi from Sivaganga and the same has been used as the only path way for the villagers from Veerani, Allur, Panangadi, Kuyavanadappu, Muthupattinam, Suravathi and Assinagar Villages.

(3.) The stand of the petitioner is that the villagers have been utilising the said path way for nearly hundred years to approach the main road connecting Tondi and Sivaganga and when the first respondent classified the S.F.No.10 land as Reserved Forest, as per Section 16 of the Tamil Nadu Forest Act, 1882, then, the right has been conferred on the villagers to use the channels as path way. Also, the right of maintaining the channels has been given to the Village Headman of Pirandaikulam subject to the conditions of obtaining prior permission from the Forest Department for making an entry into Reserved Forest on behalf of the village community.