LAWS(MAD)-2018-3-471

A SADAYAN Vs. DISTRICT COLLECTOR OF SALEM DISTRICT

Decided On March 19, 2018
A Sadayan Appellant
V/S
District Collector Of Salem District Respondents

JUDGEMENT

(1.) The application submitted by the appellants for the grant of Patta in respect of the lands stated to be in their possession was rejected by the District Collector, Salem. The said order was unsuccessfully challenged before the Writ Court in W.P.No.1963 of 2006. The order is under challenge at the instance of the writ petitioners in this appeal.

(2.) The learned Senior Counsel for the appellants contended that the respondents have not produced any document to prove that notification was issued by the Government classifying the area in question as 'Reserved Forest'. Since there was no such notification, the District Collector ought to have granted Patta to the appellants taking into account their long and continuous possession.

(3.) The learned Special Government Pleader appearing for the respondents contended that the appellants have encroached upon the forest land and their claim for Patta was therefore rightly rejected.