TAMILARASAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The appellant has been in possession and enjoyment of the land to an extent of about 70 cents in S.No.47-8B at Sooranatham Village in Kottapatti reverence Sub-Division for several years, along with family members. According to the appellant, the said land is being enjoyed by him and his family members for several decades. The appellant made several representations to the concerned authorities requesting them to issue patta, since the appellant and his family members have been carrying out agricultural work. Since there was no response from the authorities, the appellant filed a writ petition before this Court in W.P.No.15219 of 2018 praying for a direction to the respondents 2 to 5 to consider his representation dated 22.05.2018 as per the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

(2.) After considering the facts and circumstances of the case, the learned single Judge dismissed the writ petition by order dated 25.06.2018 holding that the appellant is not the owner of the property and the appellant himself has admitted that he is in possession and enjoyment of the land belonging to the Forest Department. The learned single Judge has also observed that patta cannot be issued in respect of the forest land.

(3.) Challenging the order passed in the writ petition, the present appeal has been filed.