DISTRICT FOREST OFFICER Vs. K. MOHAMMED MEERA

JUDGEMENT

(1.) CHALLENGE in this writ appeal is the order dated 24.7.2007 made in W.P.(MD) No.5328 of 2007 issuing writ of mandamus forbearing the appellants from auctioning the leasehold rights of the respondent's property situated in Survey No.1440/1, Agamalai village, Bodinaickanur, Theni District.

(2.) BODI North Hills Forest Block including Agamalai village measuring 45576.92 acres was notified by Government under Section 4 of the Tamilnadu Forest Act, 1882 in G.O.Ms.No.453, Forest and Fisheries Department, dated 30.4.1977 and published in Tamil Nadu District Gazette dated 18.5.1977 and also in the Madurai District Gazette Extraordinary issue dated 30.7.1977. The Assistant Settlement Officer, Madurai in S.R.No.11(1)/2/UPM/74 dated 3.7.1978 had allowed patta under Section 11(a) of Act XXVI of 1948 to five persons � (1) Chockalingam Chettiar, (2) Kader Sheik Meera, (3) A.K.Alagirisami, (4) Pechi Ammal and (5) A.P.Mariammal. On revision filed by District Forest Officer, the Settlement Officer, Coimbatore in S.R.No.32/UPM/79 dated 31.12.1979 set aside the order passed by the Assistant Settlement Officer, Madurai and treated the suit lands as forest poramboke. Aggrieved by the order of the Settlement Officer, revision petition was filed before the Director of Survey and Settlement Madras. The Director of Survey and Settlement, Madras in S.R.33 to 36 of 1980 dated 15.9.1980 and R.P.66/80 dated 21.10.1980 had set aside the order of the Settlement Officer, Coimbatore and remanded all the revision petitions to the Settlement Officer, Thanjavur with a direction to inspect the suit lands along with the District Forest Officer and pass orders.

(3.) WHEN the matter stood thus, there was parallel round of litigation by Khadar Sheik Meera in the Civil Court. Khader Sheik Meera filed O.S.No.1313 of 1981 before the District Munsif's Court, Uthamapalayam alleging that he is in possession of the suit property � S.No.1384 in Pichangarai @ Pullupattipulam in Agamalai village, Uthamapalayam Taluk and praying for permanent injunction. By the judgment dated 26.3.1985, the said suit was decreed and permanent injunction was granted. Aggrieved by the same, Department filed appeal in A.S.No.73 of 1985 before the Sub-Court, Periyakulam. By the judgment dated 28.2.1990, the appeal was allowed setting aside the judgment of the District Munsif, Uthamapalayam. Aggrieved by the same, Khader Sheik Meera filed Second Appeal in S.A.No.1734 of 1991 in High Court, Madras. Holding that the suit property is a forest land and Khader Sheik Meera was only in possession of the suit property on paying lease amount and that he cannot seek permanent injunction against the real owner, the Second Appeal was dismissed by the judgment dated 28.11.2003. As against the judgment in Second Appeal, Khader Sheik Meera is said to have filed review in Review Application No.64 of 2004.