P. CHINNIAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In all these writ petitions, the petitioners claim to be the similarly placed persons and the relief sought for by them is also identical. Therefore, with the consent of the learned counsel for the parties, W.P.(MD) No.11978 of 2021 is taken as a lead case and it would suffice to note the facts stated therein.

(2.) The petitioner claims to be a resident of Mithiravayal in Devakottai Taluk, Kannangudi Post, Sivagangai District and traditionally cultivating and living in forest land and he belongs to a Scheduled Caste community and ekes his livelihood by agricultural activities. The petitioner would state that he along with about 300 people are living in the Mithiravayal and Monnani Villages with 55 fields. The petitioner would further state that the lives of the people, who are residing there, are closely associated with agricultural activities and that is the only source of their sustenance and therefore, they applied for Patta, for each of them to an extent of 2 Acres. The petitioner would further state that he and his forefathers have been tilling the lands for more than 75 years. The earliest request for grant of Patta was during 1976. But, such request was refused on the ground that the land is under the control of the Forest Department.

(3.) The petitioner claims that he has been continuously approaching the Revenue Department and numerous representations have been given for grant of Patta. While so, during 2008, notices dated 25.01.2008 were issued by the respondents to about 40 persons in the Village stating that the land comprised in Survey No.79, located at Kappalur Group, Devakottai Taluk, measuring an extent of 106 Acres, will come under the control of the District Forest Officer, Sivagangai Wild Life Division. The petitioner claims that on 02.02.2008, they submitted a detailed representation to the fourth respondent / District Level Forest Right Committee and explained their position. The petitioner claims that the fourth respondent gave certain oral assurances on taking note of the representation, dated 02.02.2008. However, on 27.11.2012, the petitioner and others were informed that the land would come under the control of the Forest Department, which lead to the filing of W.P.(MD) No.16976 of 2012 praying for issuance of a writ of certiorarified mandamus to quash the proceedings of the Forest Settlement Officer, dated 29.07.2011 as being illegal and for a consequential direction to forbear the officials of the Forest Department from evicting the petitioners therein from the lands in Survey Nos.1244 of No.22, Mayiladumparai Village, Mayiladumparai Forest Block, Andipatti Taluk, Theni District, without following due process of law as per the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules 2007 (hereinafter, referred to as "the Act" and "the Rules" for brevity).