KOLLU THATCHU THOZILALOR MUNNETRA SANGAM (REG NO 117) REP BY ITS PREMPLOYEES STATE INSURANCE CORPORATIONDENT, SALEM Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS SECRETARY, DEPARTMENT OF LAND REVEUNE, MADRAS; DISTRICT COLLECTOR, SALEM; DISTRICT FOREST OFFICER, SALEM; RANGE FOREST OFFICER, SALEM

JUDGEMENT

(1.) The petitioner/Sangam has filed the above writ petition seeking to issue a writ of mandamus, directing the second respondent to consider the representation dated 11-7-1994 given by the petitioner/Sangam and to assign the extent of lands as shown in the Annexures I and II filed herein, to the members of the petitioner/Sangam before assigning it to any other third party-outsiders who have no prior interest or claim in the lands.

(2.) In the affidavit filed in support of the writ petition, it is stated that 263 members of the petitioner/ Sangam who are poor and landless labourers, directly depending on the cultivation of lands for their survival, were in occupation of the lands in question for a number of years. Therefore, they requested the lands to be assigned in their favour. They have also stated that neighbouring lands were assigned to number of other persons. Therefore, on the same basis, the members of the petitioner/Sangam may also be assigned the lands in question. Since the members' request to the second respondent was not of any use, the members of the petitioner/Sangam have filed this writ petition for the prayer set out above.

(3.) Interim order was granted on 23-1-1995 not to assign the lands to third parties for a period of two weeks thereafter and subsequently, it was directed to continue until further orders. Subsequently, the vacate injunction petition was filed in W.M.P.No.14091 of 1997, but no order has been passed on the same. In that vacate injunction petition, the Forest Department has stated that the lands which are under occupation by the members of the petitioner/Sangam are included within the reserve forest area and the same has been supported by a communication in C.No.D2/3080/95, dated 13-4-1995, relied on by learned Government Advocate for the respondents 3 and 4, from the District Forest Officer, Attur Division to the learned Government Advocate, High Court, Madras, in connection with this writ petition petition, in which, it is stated as follows: