The TNPPF Act was a regulatory and not an appropriatory statute and that the notification did not deprive the petitioners of their property.

1. The short question that arises for consideration in this batch of writ petitions is whether the action of the District Collector, Nilgiris declaring certain private lands as forest under the power vested under Section 1(2)(ii) of the Tamil Nadu Preservation of Private Forest Act, 1949 (for short TNPPF Act) is unconstitutional and ultravires of the provisions of the said Act?

2. The notification of the District Collector, Nilgiris, dated 1.11.1991 (published in the Nilgiri District Gazette Extraordinary, dated 15.11.1991) is the subject matter of these writ petitions. By the aforesaid notification, the District Collector had notified certain lands in the revenue villages of Udagamandalam and Gudalur Taluks. Those villages in which lands were notified in respect of the two taluks were as follows:

UDAGAMANDALAM TALUK

1.Hullathy

2.Naduvattam

3.Kadanad

4.Sholur

5.MAsinagudi

GUDALUR TALUK

1.Moonanad

2.Nelliyalam

3.Cherangode

4.Cherumulli

5.Nellakotta

6.Mudumalai

7.Sreemadurai

8.Devala

9.Padanthorai

10.O'valley

3. The schedule appended to the notification describes the names of villages. In Part A, extent of patta lands was notified and that in Part B, in terms of Section 17 of patta lands under Gudalur Janmam Act were notified. The schedule also contained the serial number, total extent of land, the extent notified in the notification and the names of pattadars. It is unnecessary to reproduce the schedule as the issues raised in these writ petitions are based upon legal grounds.

4. Even though the notification comprised more than 1000 pattadars, before this court only four pattadars have filed the writ petitions. In W.P.No.7662 of 2010, it is the association named as Masinagudi Farmers and Land Owners Association represented by its President has filed the writ petition seeking for declaration in respect of the members of the said association. Though the impugned notification is of the year 1991, the association itself was started only on 18.1.2010 with registration No.1/2010. While broad objectives were set out in paragraph 2 of the affidavit, no further details were given in the affidavit with reference to its membership and the details of ownership. The said writ petition filed by the association with omnibus prayer to strike down the notification which is more than 20 years old and without even revealed its membership, is liable to be rejected on that short ground. Such writ petition is not only not maintainable, but can never be encouraged as it lacks details about the nature of relief claimed by them. Even the President who had sworn to the affidavit, did not show that he owns any land and that he is an affected party in terms of the notification. The affidavit is also silent as to how all of its members were affected by the said notification.

It is in all likelihood has been started only with a view to file the writ petition and not for any other purpose. However, in respect of the other four writ petitions, since individual pattadars are before this court, this court is inclined to go into the averments made therein.

5. Though it was strongly urged by the learned Advocate General Mr.P.S.Raman and also such a contention was raised in the counter affidavit that the writ petitions are liable to be rejected on the ground of laches, but since larger questions were involved, this court is inclined to go into the merits of the allegations made by the petitioner land owners.

6. The contention raised by the land owners was that the said notification issued under Section 1(2)(ii) of the TNPPF Act was illegal and violative of Articles 14, 19(1)(g) and 300-A of the Constitution. It was argued that the notification can be issued under the said provision only in respect of private forest having contiguous area of atleast two hectares. But the impugned notification overlooks the said power and proceeded to declare the area as forest. It also covers the agricultural lands which are having ryotwari patta. It also covers Temples, Churches, Mosques,