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2022 Supreme(Mad) 1159
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. BHARATHIDASAN, N. SATHISH KUMAR, JJ.
P. Raman - Appellant
Versus
The Chief Secretary, State of Tamil Nadu, Secretariat, Chennai & Others - Respondent
WP(MD) Nos. 6994, 6998, 10566 of 2021 & 22146 of 2017 & W.M.P.(MD) Nos. 5370, 5372, 8226 of 2021, 1839 of 2022 & 13360 of 2021
Decided On : 17-03-2022
For the Petitioner:M. Ajmal Khan, Senior Counsel, A. Haja Mohideen, Advocate. For the Respondents:R1 to R3, R5, R7 & R8, J. Ravindran, AAG Asst. by T. Seenivasan, SGP(Forest), L. Victoriya Gowri, ASGI Asst. by S. Jeyasingh, K. Tippusultan, G.A., R9, T. Lajapathi Roy, R4, A. Selvendran, Spl. Govt. Pleader, R17, T. Lajapathi Roy, R6, M. Anadhakumar, R7, B. Saravanan, R8, M. Padmavathy, R9, Alagusunder, R10, S. Manuraj, Advocates, T. Mohan, Amicus Curiae.
To claim rights as other traditional forest dwellers under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, a person must be a forest dweller who has resided in the forest for at least three generations and who depends on the forest for their livelihood.
Headnote:
JUDGEMENT - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY]
Fact of the Case:
Several writ petitions were filed challenging the notification declaring Megamalai as Reserved Forest. The petitioners claimed rights as other traditional forest dwellers under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Finding of the Court:
The court held that the petitioners were not entitled to claim rights as other traditional forest dwellers under the Act. The court found that the petitioners were encroachers who had cultivated commercial crops like cashew, lemon grass, and silk cotton on the forest lands. The court also found that the petitioners were not dependent on the forest lands for their livelihood.
Issues: Whether the petitioners were entitled to claim rights as other traditional forest dwellers under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Ratio Decidendi: The court held that the petitioners were not entitled to claim rights as other traditional forest dwellers under the Act because they were encroachers who had cultivated commercial crops on the forest lands and were not dependent on the forest lands for their livelihood.
Final Decision: The court dismissed the writ petitions.
JUDGMENT
(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus forbearing the respondents No.1 to 7 in anyway dispossessing the petitioner from his cultivation in 2 ½ Acres in Oyamparai Area, Valiparai Village of Thummakundu Panchayat, Megamalai, Aandipatti Taluk, Theni District, without completing the enquiry and passing order thereon as to right of the petitioner in terms of Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, within the period stipulated by this Court.
Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents No.8 to 11 to complete the process of identifying the eligible persons of traditional forest dwellers of Megamalai forest area as per the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and place the same before the 6th respondent and consequently directing the 6th respondent to complete the enquiry and place his recommendation before the 4th respondent for proper consideration under Section 6 the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, within the period stipulated by this Court and till then not to disturb the Traditional Forest Dwellers of schedule persons and other unidentified traditional forest dwellers, within the period stipulated by this Court.
Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the 4th respondent to take effective steps to conduct Gram Sabha by the respondents No.9 to 16 under Rule 3 of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rule, 2007 and to perform all the statutory duties under Rules 4 and 11 of the said Rules and to form Forest Rights Committee and to take all effective steps under Rules 12 and 13 of the said Rules to receive the applications from other Traditional Forest Dwellers as defined in Section 2(o) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and verify the same and complete the process and place all the records of eligible persons of identified Traditional Forest Dwellers of Megamalai Forest area before the 8th respondent and consequently directing the 8th respondent to pass suitable orders under Rule 14(5) of the said Rules, consequentially directing the 7th respondent to pass suitable orders under Rule 15(5) and send the same to the 4th respondent to effect suitable corrections in the revenue records and do all the needful to protect the Traditional Forest Dwellers, by considering the petitioner's representation dated 29.04.2021, within the period stipulated by this Court.
Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 1 to 5 to restore the Wildlife habitat in Megamalai Wildlife Sanctuary and to conduct enquiry and initiate appropriate action under Section 3B of The Forest (Conservation) Act, 1980 against the respondents 6, 7 and 8 within the time frame stipulated by this Court.
Common Order:
N. Sathish Kumar, J.
W.P.(MD)No.6994 of 2021 has been filed for the issue of Writ of Mandamus forbearing the respondents No.1 to 7 in anyway dispossessing the petitioner from his cultivation in 2 ½ Acres in Oyamparai Area, Valiparai Village of Thummakundu Panchayat, Megamalai, Aandipatti Taluk, Theni District, without completing the enquiry and passing order thereon as to right of the petitioner in terms of Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, within the period stipulated by this Court.
2. In this writ petition, the petitioner stated that he is the native of Valiparai Village of Thummakundu Panchayat, Megamalai, Aandipatti Taluk, Theni District, wherein
