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2016 Supreme(Mad) 3873

IN THE HIGH COURT OF MADRAS
P.N. Prakash, J.
Thiashola Plantations Private Ltd. – Petitioner
Versus
The State of Tamil Nadu, Represented by its Secretary Revenue Department – Respondent
W.P. Nos. 22659, 24853, 25610, 26035, 26170, 27058 of 2011 and 2499 of 2012
Decided On : 20-12-2016

Advocates Appeared:
For the Petitioner: Mr. R. Parthiban.
For the Respondent: Mr. V. Jayaprakash Narayanan and Mr. M. Santhanaraman.

Headnote:

Constitution of India – Article 32 – Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 – Section 8, 9, 10, 32, 53 and 60 – Gudalur Janmam Estates (Abolition and Conversion of Ryotwari Rules, 1974 – Rule 37, 8 and 25 – Tamil Nadu Forest Act, 1882 – Commercial Taxes and Religious Endowments – Acquisition of Rights – Writ petitions are filed assailing notification issued by Settlement Officer and District Revenue Officer, Gudalur Janmam lands, Gudalur Nilgiris District and published – Western Ghats and Eastern Ghats, is epicentre of these litigations – Gudalur and Pandalur which are adjacent taluks, were in control of Nilambur Kovilagam, Nelliyalam Raja and two other Zamindars. After reorganisation of certain portions of Gudalur went into control of State of Kerala and certain other portions fell within Tamil Nadu requires no reiteration that Western Ghats, which is said to have had its origin in Madagascar millions of years before, is a home to thousands of species and is a declared UNESCO – Held, Court directs that in the event of the petitioners being given ryotwari pattas in respect of land declared as "forest" in impugned notification to that extent notification will stand modified. It is hereby clarified that the findings of Settlement Officer or Tribunal case may be, shall be on merits of cases and without being influenced by the impugned notification in any manner whatsoever – Learned Additional Government Pleader submitted that there are still under consideration on file of Tribunal and that encroachers, taking advantage of pendency of litigations are blatantly usurping forest lands as a result of which not only very ecology is under serious threat but has also led to increase in incidents of man-animal conflicts reported that in were killed by tiger and authorities had to gun down tiger – Learned counsel petitioners submitted that in the event of the Settlement Officer or Tribunal granting ryotwari patta to the petitioners in respect of land which has been declared impugned notification it will indeed cause serious prejudice to them – Writ petitions stand dismissed.

ORDER :

1. The issue involved being common, all these writ petitions are being considered and decided by this common order.

2. While W.P. No. 22659 of 2011 is filed calling into question the legality and validity of the gazette notification dated 11.08.2011 issued by the Settlement Officer and District Revenue Officer, Gudalur Janmam lands, Gudalur, the Nilgiris District (fourth respondent), all the other writ petitions are filed assailing the notification dated 03.08.2011, issued by the Settlement Officer and District Revenue Officer, Gudalur Janmam lands, Gudalur, the Nilgiris District and published in the Nilgiris District Gazette Extra Ordinary Edition dated 11.08.2011.

3. The factual matrix of the case is as under:

3.1 Gudalur, which is located in the cradle of the confluence of the Western Ghats and Eastern Ghats, is the epicentre of these litigations. Gudalur and Pandalur, which are adjacent taluks, were in the control of the Nilambur Kovilagam, Nelliyalam Raja and two other Zamindars. After the reorganisation of the States in 1956, certain portions of Gudalur went into the control of the State of Kerala and certain other portions fell within Tamil Nadu. It requires no reiteration that the Western Ghats, which is said to have had its origin in Madagascar millions of years before, is a home to thousands of species and is a declared UNESCO heritage site. To usher in land reforms, the State of Tamil Nadu passed the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (for brevity "the Act") for the acquisition of the rights of Janmies in the Janmam estates in the Gudalur and Pandalur Taluks and for the introduction of ryotwari settlement in such estates.

3.2 During the British rule, the original Janmies had sold, leased out or tenanted some pockets of the vast estate to various tea companies for plantation purpose and those companies are claiming rights either as Janmies or leaseholders or tenants. After the passing of the Act and before it was brought into effect, the constitutional validity of the Act was challenged before the Madras High Court and the same was upheld. The aggrieved parties appealed to the Supreme Court. A writ petition under Article 32 of the Constitution of India was filed before the Supreme Court directly challenging the vires of the Act. A Constitution Bench of the Supreme Court in Balmadies Plantations Ltd. and another vs. State of Tamil Nadu, (1972) 2 SCC 133, upheld the validity of the Act. The Supreme Court, however, held that the provisions of Section 3 of the Act insofar as they relate to the transfer of forests in Janmam estates to the Government are not protected by Article 31-A and struck down the same as being violative of the Constitution of India. The Act was brought into force vide notification in G.O. No. 587, Commercial Taxes and Religious Endowments Department dated 18.11.1974 with effect from 27.11.1974. The Government of Tamil Nadu also framed Rules under Section 60 of the Act titled "Gudalur Janmam Estates (Abolition and Conversion of Ryotwari Rules, 1974" (for brevity "the Rules") vide G.O. Ms. No. 695, Commercial Taxes and Religious Endowments Department dated 07.12.1974. By the 34th Constitutional Amendment, the Act was inserted into the IX Schedule of the Constitution of India. This Act was again challenged before this Court by the Janmies and lessees and this Court dismissed the writ petitions on 23.09.1976. Aggrieved by the order passed by this Court, 11 civil appeals were filed by various parties before the Supreme Court, of which, 9 cases were withdrawn by the petitioners and the remaining two cases filed by Glen Rock and Silver Cloud Estate were ultimately dismissed by the Supreme Court on 09.09.2010 [Glenrock Estate Private Ltd. vs. State of Tamil Nadu, (2010) 10 SCC 96].

4. At this juncture, it may be relevant to refer to the important provisions of the Act.

4.1 Section 8 of the Act provides that the Janmies (holders of the original Janmam lands are those w











































































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