TAMIL NADU VIVASAYIGAL SANGAM, REG NO 1018 REP BY ITS SECRETARY T BALAKRISHNAN Vs. DISTRICT FOREST OFFICER AND ASSISTANT SETTLEMENT OFFICER

JUDGEMENT

(1.) The writ appeal is directed against the order of the learned single Judge dated 07.06.2000 made in W.P. No. 6586 of 1999, in and by which, the learned single Judge, after finding that the petitioners are not entitled to the relief sought for in the writ petition, has dismissed the same.

(2.) Heard Mr.R.N.Kothandaraman, learned Counsel appearing for the appellant sangam, Mr.Titus Jesudas for the first respondent and Mr.P.Subramanian, for the second respondent.

(3.) It is the case of the petitioner/appellant that in view of the order dated 23.12.1998 made in S.R. No. 7/80, the second respondent, the Assistant Settlement Officer, Dharapuram has granted Ryotwari Pattas in favour of the 10 tenants, including in favour of Balagangadharan Nair in respect of the land in possession of the members of the appellant. It is also stated that consequently, the rights of entitlements conferred on them under Section 9 of the Gudalur Janmam Estates Act, 1969 and consequential ownership over the said lands have been confirmed and made absolute in their favour. In view of the fact, according to them, as on date, the Government has no manner of right and interest over the same. It is also their claim that the dispute regarding possession of the said lands would be only between its owners viz., Ryotwari pattadars and the members of the appellant and the Government. It is also brought to our notice that the Ryotwari pattadar Balagangadaran Nair has filed civil suit in O.S. No. 154 of 1990 on the file of District Munsif Court, Gudalur, against some of the members of the appellant praying for permanent injunction. In view of the fact that the members of the appellant sangam were in the actual possession and enjoyment of the lands in question, interim injunction was granted in his favour, however, the suit is still pending. It is also argued that the learned single Judge has not considered the question whether the land comes within "Reserve Forest" or "the land at the disposal of the Government" as defined under Section 68-A of the Tamil Nadu Forest Act or within the meaning of "the Forest" or "the Private Forest" as defined in the TNPPF Act.