T. KULLAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed for the issue of writ of mandamus directing the respondents 1 to 3 to provide certificate of individual right for using the forest land to an extent of 68 cents in the name of the petitioner.

(2.) The learned counsel for the petitioner submitted that the petitioner is in possession of one acre of land and he is doing agricultural work in the said land and the same is a forest land. The learned counsel further submitted that while considering the request of the petitioner for occupation certificate, the Village Administrative Officer had given a report only for 32 cents out of one acre and for the balance 68 cents, the authority refused to issue certificate on the ground that respondents 7 to 9 are claiming right of occupancy for the said extent of land. The learned counsel submitted that the respondents 7 to 9 are not in possession of the property and they have absolutely no right to claim for the occupancy certificate for the remaining 68 cents of land.

(3.) Mr. Elumalai, learned Government Advocate appearing on behalf of the Forest Department by placing reliance upon the counter affidavit filed by the third respondent submitted that the allotment of land was conducted as per the provisions of the Traditional Forest Dwellers (Recognition of Forest Rights) Act , 2006. The learned counsel further submitted that Rule 6 of the said Act provides for a detailed procedure and it was found that the petitioner was entitled for occupation certificate only to an extent of 32 cents. The learned counsel further submitted that a redressal mechanism is provided under the said Rule and the petitioner without exhausting such an alternative remedy, has rushed to this Court by filing the above writ petition.