SUBBIAH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is the resident of K.Siruvanoor Village, Kadambakkudi Panchayath, Devakottai Taluk, Sivagangai District and according to him, he is an agriculturist and became aware of the fact that the lands in S.No.212, admeasuring an extent of 64.23.50 Hectare, and S.No.241, admeasuring an extent of 25.75.00 Hectare, of Naranamangalam Group are classified as "Kadambakudi Forest" and "K.Siruvanoor Forest Lands" respectively. It is the specific case of the petitioner that several persons encroached upon the said lands and started irrigating their lands illegally from Kadambakudi and K.Siruvanoor Kanmoi.

(2.) It is also pointed out by the petitioner that in respect of S.No.1/1 of Kurunthur Village, Naranamangalam Group, classified as 'Forest', 90 persons, who have raised coconut trees, have approached this Court by filing W.P.(MD) Nos.29 to 32, 326 to 329 and 501 to 508 of 2013, for issuance of patta and this Court vide order dated 03.04.2013, directed to consider and dispose of the representation. The first respondent, in compliance of the order of this Court, considered the said representation and has rejected the same vide proceedings in Na.Ka.P2/33839/2012 dated 04.06.2014, observing that the lands are forest lands. It is the further submission of the learned counsel for the petitioner that one Karuppiah was issued with eviction order vide proceedings in Na.Ka.A1-4101-2018 dated 19.12.2018, and he made a challenge to the same by filing W.P.(MD) No.6971 of 2019, in respect of the land in his possession to an extent of 1.89.0 acres in S.No.241 of K.Suranoor Village, Naranamangalam Group and the Writ Petition came to be dismissed on 16.12.2019.

(3.) The learned counsel for the petitioner by drawing the attention of this Court to the averments made in the affidavit filed in support of the petition and typed set of documents would submit that despite a conclusion has been reached that the land in S.Nos.212 and 241 are 'Forest' no effective steps have been taken to remove the encroachment. The representation submitted in this regard on 03.08.2020 also failed to invoke any kind of response and the reason for not taking any effective steps may be on account of law and order and public order problem and hence, prays for appropriate orders.