ANNAI INDIRA WOMEN SELF HELP GROUP REPRESENTED BY ITS CO-ORDINATOR PALLIAMMAL Vs. DISTRICT FOREST OFFICER, SATHYAMANGALAM DIVISION; MEMBER SECRETARY CUM FOREST RANGER BEJALLETTI VILLAGE FOREST COUNCIL, BHAVANI SAGAR FOREST RANGE AND PREMPLOYEES STATE INSURANCE CORPORATIONDENT BEJALLETTI VILLAGE FOREST COUNCIL

JUDGEMENT

(1.) On the last hearing, the learned Counsel for the petitioner had made his submissions and had also requested that an order may be passed similar to the order passed in W.P. No. 27741/2005 which arose out of a similar issue. The petitioner is a Women Self Help Group comprising of Scheduled Tribe women who solely depend upon the minor forest products. The State Government in order to help the Scheduled Tribe women, created the Village Forest Council and gave the right to sell and control the minor forest products to such councils in G.O.Ms. No. 79 Environment and Forest Department dated 29.4.2003. The lease was granted in favour of the petitioner to sell the minor forest products at the fair price fixed by the respondents. The petitioner sought for extension of the permit. Accordingly, the lease was extended by the 3 rd respondent but the 2nd respondent has not permitted the petitioner to carry and transport the minor forest products and therefore, this writ petition has been filed.

(2.) In G.O.Ms. No. 79 Environment and Forest Department dated 29.4.2003, the public auction was abolished and it was decided that the right to collect minor forest produce free of cost to the women Self Help Group and other Swarna Jayanthi Grama Sarojdhar Yojana at a reasonable price through the Forest Council. However, the Forest Councils were formed and the respective Forest Rangers were appointed as Member Secretaries to the above Councils. The minor forest products which the petitioner collect, include grass, amla, kadukkai etc. According to them, the payment fixed by the respondents has been duly paid by the petitioner and inspite the extension of the lease period in their favour, the 2nd respondent is not granting permit.

(3.) Mr. Titus Jesudoss, learned Special Government Pleader, has produced the relevant Government Orders and guidelines. In G.O.Ms. No. 343 Environment and Forests (FR.VI) Department dated 8.8.97, the Principal Chief Conservator of Forests is directed to take action to constitute Village Forest Council in every programme village as per the approved Memorandum of Understanding. The Memorandum of Understanding is entered into between the Forest Department and the Village Forest Council. The objectives inter-alia are: