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2014 Supreme(Mad) 683

M.VENUGOPAL
Sundaramoorthy – Appellant
Versus
Chief Conservator Officer – Respondent


Advocates:
Advocate Appeared
For the Petitioners:R. Margabandhu, Advocate.
For the Respondents:R1 & R2, N. Inbanathan, Government Advocate.

JUDGMENT

1. The Petitioners have preferred the instant Writ of Mandamus praying for passing of an order by this Court in directing the 2nd Respondent to grant permission to them to collect tamarind fruits from Odukathur Range Karuthamalai Reserve Forest, Vellore District in Old Forest S.No.129, basing upon Bilmuktha trees patta granted to Venkatasami Ryot and grant such other reliefs.

2. The Resume of Writ Facts:

(i) According to the Petitioners, one Venkataswami Ryot (Agriculturist) of Kallaparai Village was granted Government Bilmuktha tree patta rights over Tamarind trees in Karuthamalai Forest in Old S.No.129. It was published in Government Gazette Notification dated 21.03.1885. As per the said Bilmuktha Patta, Tamarind Tree fruit is to be collected by Vankataswami and his legal heirs from January to April every year after obtaining permission from the 2nd Respondent/District Forest Officer, Vellore. The said Venkataswami expired during the year 1926 leaving behind his legal heirs. His legal heirs were collecting the Tamarind fruits from Kallaparai Old S.No.129 in Karuthamalai Forest area till 2006.

(ii) During the year 2007, the 2nd Respondent/District Forest Officer, Vellore





































































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