D THOMAS Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is an ex-Serviceman. One Krishna Naidu, son of Sanjeevi Naidu of Kammanur Village in Kodaikanal Taluk was in possession of an extent of 3 acres of land in S. No. 430/3 of Manalur Village, Kannivadi Zamin Hills, Dindigul Taluk. He granted a lease of this property to the petitioner on 17-9-1970 and the lease is being renewed periodically. Subsequently the petitioner claims to have purchased this land. He is raising crops in this land as well as the land assigned to him measuring a total extent of 3.12 hectares.

(2.) THE petitioner applied to the Government for grant of patta for the lands in his occupation in S.N. 430/3 of Manalur Village. THE said application is still pending. THE petitioner claims that in G.O. Ms. No. 1385, Forests and Fisheries Department, dated 21-12-1979 the Government had also passed orders for leasing out the said land to him on the usual conditions. However, the Forest Department is claiming that this land which is in the occupation of the petitioner belongs to the Forests Department and the Revenue Department has no jurisdiction to allow private persons like the petitioner to occupy or cultivate the lands. When persons similar to the petitioner were threatened by the Forest Department, the Tamil Nadu Vivasayigal Sangam, Dindigul Taluk, filed W.P. No. 10578 of 1988 in this Court praying for the issue of the writ of mandam is directing the respondents (the Government) to assign lands on the strength of G.O. Ms. No. 3150, Forests & Fisheries Department dated 4-12-1971 and to restrain the Forest Department from interfering with the possession of the members of the said Sangam till the disposal of the writ petition. Interim injunction appears to have been obtained by the Sangam in W.M.P. No. 15524 of 1988 in W.P. No. 10578 of 1988 on 26-9 1988. THE petitioner states that he is a member of the said Sangam.