T BHAGATH SINGH @ BHAGATH SINGH MOHAMMED; P CHARLIE RAJASINGH Vs. CHAIRMAN OF TIRUNELVELI, DISTRICT FOREST COMMITTEE CUM DISTRICT COLLECTOR

JUDGEMENT

(1.) By consent, all the writ petitions are taken up for final disposal. Since the prayers sought for in all the writ petitions are identical, the writ petitions are disposed of by a common order.

(2.) The prayer in the writ petitions is to quash the order passed by the first respondent in his proceedings in Na.Ka.No.K2/85793/07, dated 18.02.2009 insofar as it relates to setting aside the Tenancy Rights granted by the third respondent in favour of the petitioners in T.R. Nos. 87, 86 and 88 of 2004 under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act X of 1969 and quash the same as illegal.

(3.) The case of the petitioners is that the tenancy right was created in favour of the petitioners pursuant to the orders passed by the Tahsildar, Nanguneri and in pursuance of the same, they were cultivating the property. It is their further assertion that they have been contributing their physical labour and such right was granted in their favour only after holding an enquiry under the Act. It is further stated that the first respondent, the District Collector cum the Chairman of Tirunelveli, District Forest Committee, is said to have called for a report from the Deputy Director Forest and Wild Life Warden, Kalakadu and the Chief Conservator of Forest, and they sent a report stating that the land comprising in S. No. 1075, Pathai village is notified as private forest belonging to the Mutt, and accordingly, recommended for setting aside the tenancy rights given to the cultivating tenants in respect of land in S. No. 1075. It is further submitted that the petitioners are not cultivating tenants in respect of the said property and the tenancy rights conferred on the petitioners in terms of the Tamil Nadu Act 10 of 1969 could be set aside or modified only in the manner provided under the said Act.