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2017 Supreme(Mad) 959

V.PARTHIBAN
P. Sakthivel – Appellant
Versus
Principal Secretary, Department of Forest & Environment – Respondent


Advocates Appeared:
For the Petitioner: Mr. V.R. Kamalanathan
For the Respondent:Mr. V. Jayaprakash Narayanan, Special Government Pleader, Mr. Inbanathan, Government Advocate

ORDER :

The petitioner has filed this petition seeking a writ of Mandamus directing the respondents to consider the petitioner's representation dated 03.03.2017, as per Sections 3 and 4 of the Scheduled Tribe and Other Traditional Forest Dwellers, (Recognition of Forest Rights) Act, 2006 read with Rules 11 and 12 and grant patta under the provisions of the Section 3(1) the Scheduled Tribe and Other Traditional Forest Dwellers, (Recognition of Forest Rights) Act, 2006.

2. The case of the petitioner is that he is a Scheduled Tribe residing in Kalvarayan Hills, Sankarapuram Taluk, Villpuram District. According to the petitioner, his family has been continuously residing in the said Hills for more than 100 years, for generations doing agriculture and surviving in the forest with the available facilities and resources.

3. According to the petitioner, the entire area by name Periya Kalvarayan Hills and Chinna Kalvarayan Hills are inhabited only by Tribal Community called as 'Malayalis'. According to the petitioner all the inhabitants were depending on the agricultural income for their survival.

4. The petitioner is in possession and enjoyment of the said lands along with his family members.








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