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2013 Supreme(Mad) 4218

SATISH K.AGNIHOTRI, K.K.SASIDHARAN
P. Nainappa Reddy – Appellant
Versus
Conservation of Forests – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:P. Rajendran, Advocate.
For the Respondents:R1, R3 & R4, M.K. Subramaniam Spl. G.P, R2, S. Pattabiraman Govt. Advocate.

JUDGMENT

Satish K. Agnihotri, J & K.K. Sasidharan, J.

1. The Challenge is to the proceedings dated 11 October 2011 on the file of Forest Ranger, Tiruttani Region, overruling the contention taken by the petitioners that the land in their possession are not forest land and as such they are entitled to patta.

Background facts:

2. The Petitioners are stated to be in possession and enjoyment of the land in old survey No. 86, new survey No. 93, GopalKrishnapuram Village. It is their claim that they have been Cultivating the subject lands with their own physical labour since 1955. The Tahsildar, Tiruttani inspected the lands on 28 July 1970 and submitted a proposal to the Sub Collector, Thiruvallur vide proceedings dated 29 November 1970 stating that the petitioners are all landless poor and by taking into account their Cultivation, patta should be given to them. The District Collector, Chengalpattu pursuant to the recommendation made by the Tahsilder, Tiruttani issued temporary assignments in the year 1971. Since there was an attempt made by the Forest Department to evict them, the petitioners filed W.P. No. 7176 of 1982. The assignment orders were produced in W.P. No. 7176 of 1982. Since th

















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