RAMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THERE are forest lands at West Vali, Gudalur, Suranganar, Kumuli and other areas, in Cumbum Valley, Uthamapalayam Taluk, Theni District. These areas are located in Tamil Nadu ? Kerala border. The petitioners claimed that for generations they have been in occupation of the lands in Suranganar forest. Admittedly, the lands, which are stated to be in their occupations, are all Reserved Forest lands. According the petitioners, these lands are not Reserved Forest lands, but, they lie in the fringes of the forest between the State of Kerala and Tamil Nadu border. Like the petitioners, according to them, there were around 300 families living in the said Suranganar Forest, Amravathipuram, Aasaripallam. During the year 1992, according to the petitioners, an attempt was made by the forest officials to dispossess them. On the complaint of a forest official, a criminal case was registered in Crime No. 64 of 1992 against 143 such forest dwellers, which resulted in a final report. The said case was tried by the learned Additional District and Sessions Judge, Fast Track Court, Periyakulam, in S.C. No. 381 of 2000 and they were all acquitted by the judgment dated 14.03.2005. Their cultivations and the superstructure put up by them were all allegedly destroyed by the forest officials.

(2.) WHILE so, the petitioners filed a writ petition in W.P. No. 19711 of 1993 before the Principal Bench of this Court. Further, 33 similarly placed persons filed similar writ petitions in W.P. Nos. 14174 of 1993, 17552 of 1993, 18185 of 1993, and 381 of 1995. The prayer in all those writ petitions was for a Mandamus to forbear the respondents/forest officials from evicting them from the forest lands and also for a direction to the Government to grant patta for the holdings of the petitioners therein. Initially, while admitting those writ petitions, the Principal Bench granted interim injunction to restrain the forest officials from evicting the petitioners therein. As against the said interim order, the writ appeals in W.A. Nos. 209 to 211 of 1996 were also filed by the forest officials. When the said appeals were pending, the writ petitions were disposed of by the Principal Bench, by order dated 04.09.2000, directing the Government and forest officials to conduct joint inspection, as per Section 8 of the Tamil Nadu Forest Act and to pass orders on the representations made by the petitioners and others, in the light of G.O. Ms. No. 930, dated 07.08.1984, within a period of three months therefrom. Those writ appeals were therefore closed.

(3.) WHILE so, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter referred to as ?the Act?) came into being on 29.12.2006. According to the petitioners, they are entitled for certain rights, as dealt with in Section 3 of the Act, including the right to hold and live in the forest lands. The grievance of the petitioners now is that without considering their rights conferred under Section 3 of the Act, an attempt is made again to evict them from their respective holdings. With this grievance, the petitioners are before this Court seeking a direction to forbear the respondents from in any manner interfering with their alleged peaceful possession and enjoyment of the lands.