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2015 Supreme(Mad) 1977
IN THE MADURAI BENCH OF MADRAS HIGH COURT
C.S. KARNAN, J.
D. Rajkumar & Others - Petitioners
Versus
The District Forest Officer, Nagercoil, Kanyakumari District & Another - Respondents
W.P.(MD)No. 10118 of 2014 & M.P.(MD).No. 2 of 2014
Decided On : 29-04-2015
For the Petitioners:C. Prakasam, Advocate.
For the Respondents: M. Govindan, Special Government Pleader.
The court emphasized that petitioners were not entitled to any relief in the present petition due to their previous claim for similar relief in an earlier writ petition.
Headnote:
Forest Land Dispute - Land Ownership - Writ Petition - [Forest Land Dispute] - [Land Ownership] - [Indian Forest Act, 1927 - Section 2, Section 3] - The court discussed the ownership of the disputed land and the legal provisions under the Indian Forest Act, 1927. The court's decision was influenced by the interpretation of the Act's provisions and the evidence presented regarding the ownership of the land.
Fact of the Case:
The petitioners claimed ownership of certain lands, alleging interference from Forest Officials. They filed a writ petition seeking survey, marking of boundaries, and grant of patta. The respondents contested the claim, citing previous rejections and litigations regarding the land's ownership.
Finding of the Court:
The court dismissed the writ petition, stating that the petitioners had previously claimed similar relief in an earlier writ petition and therefore were not entitled to any relief in the present petition.
Issues: Ownership of disputed land, interference from Forest Officials, previous litigations, entitlement to relief in the present petition.
Ratio Decidendi: The court's decision was based on the petitioners' previous claim for similar relief in an earlier writ petition, which led to the dismissal of the present petition.
Final Decision: The writ petition was dismissed, and no costs were awarded to the petitioners. Connected miscellaneous petitions were closed.
The first petitioner submits that he and the petitioners 2 to 5 are agreement holders. He submits that when his father was alive, he purchased the lands situated in S.Nos.3014 and 3015, Kaliyal Village, Vilavancode Taluk, Kanyakumari District to the extent of 275 acres from one Louis under registered sale deed in Document No.1498, dated 07.11.1985. After purchase of the said lands, his father was in possession and enjoyment and after the demise of his father, his family members are in possession and enjoyment of the said lands without any interference from any corner. But in the year 1990, the Forest Officials made an attempt to interfere with their land claiming that they are owners of the said land. They made request before the Forest Officials to produce any records or documents to prove that the above said land is belonging to Forest Department, but they were not able to produce any records to prove that lands are forest lands. The first petitioner further submits that his father made an application before the Revenue Officials in the year 1994 to survey and mark the boundaries of the above said lands. After receipt of the said representation, the District Collector sent communication on 17.02.1994 to the Assistant Director of Survey and Land Records, Nagercoil to inspect the above said land and measure the said land and submit his report before the Revenue Officials. Accordingly, on 08.07.1994, the Assistant Director of Survey and Land Records inspected their lands in the presence of Revenue and Forest Officials and he submitted his report confirming the title of the lands and marked the boundaries in favour of his father Das Nadar and further recommended to issue patta in the name of his father.
2. The petitioner further submits that even though the Assistant Director submitted his detailed report on 08.07.1994, the revenue officials did not issue any patta. The petitioner further submits that they came to understand that Forest Officials prevented the revenue officials from issuing patta. In the said circumstances, they approached this Court and filed writ petition in W.P.(MD)No.16815 of 2013, by directing the revenue officials to survey and mark boundaries and grant patta in favour of them in respect of the above said lands. When the above writ petition came up before this Court on 22.10.2013, this Court was pleased to pass orders, whereby, it directed the Revenue Divisional Officer, Vilavancode and Tahsildar, Vilavancode to implement the earlier order passed by the District Collector, dated 17.02.1994 within three months. Even after receipt of the copy of the order of the Court, the Revenue Divisional Officer, Vilavancode and Tahsildar, Vilavancode were not inclined to survey and mark the boundaries and issue patta. When they enquired with them, they came to understand that the respondents are preventing the revenue officials from survey and marking of boundaries in respect of lands situated in S.Nos.3014 and 3015 , Kaliyal Village, Vilavancode Taluk, Kanyakumari District to the extent of 275 acres. Hence, the revenue officials are not in a position to survey and mark boundaries.
3. The first petitioner further submits that they made written representation to the respondents higher officials, viz., the Principal Conservator of Forest, Guindy, Chennai and the Director of Survey and Settlement, Chepauk, Chennai on 10.02.2014, but no order has been passed by the said officials, but on the other hand, the respondents are preventing the revenue officials and the petitioners from survey and marking of boundaries of the petitioners lands situated in S.Nos.3014 and 3015 of Kaliyal Village, Vilavancode Taluk, Kanyakumari District to the extent of 275 acres. Hence, the petitioner has filed the above writ petition.
4. The first respondent has filed a counter affidavit and submits that the father of the petitioner has filed a claim of patta for an extent of 275 acres in Old S.No.3015 and 11 acres in Old S.No.3014 of Kali
