ELIPE DHARMARAO, ACJ.

The interpretation of Section 36(2) of the Protection of Human Rights Act, 1993 (hereinafter referred to as the Act) is the subject matter involved in this writ petition.

2. The brief facts are that the respondents 1 and 2 herein have lodged a complaint before the State Human Rights Commission, as against the petitioners 1 to 5, alleging certain violations of the human rights by the petitioners 1 to 5, who are the officials of the Forest Department of Tamil Nadu. From the affidavit filed in support of this writ petition, it is seen that the Krishnagiri-Hosur stretch of National Highways was widened about 5 to 10 years back and there was a proposal to raise avenue plantation along National Highways 78 and 46 by the Tamil Nadu Forest Department, Hosur Division in the year 2004. During the months of August and September, 2004, a stretch of about 3.20 kms. was planted with saplings in Sundampatti village and in one stretch alone from 6.490 km. to 7.31 km. the Forest Department planted about 200 saplings. It has been submitted in the affidavit that the above saplings were planted in the Poramboke land adjoining the Highway which belongs to the State Gove