JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent Na.Ka.No.17079/2006/TA dated 08.02.2021 to quash the same and consequently directing the 1st respondent to pass an order to restore the petitioners in their respective land in possession as on date of eviction date 27.01.2020.)

1. This Writ Petition has been filed challenging the order of the first respondent, dismissing the applications and confirming the order of the original authority, rejecting the claim of the petitioners under ''Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006'' (hereinafter referred to as ''said Act'' for brevity).

2. The case of the Writ Petitioners that they have been in possession and enjoyment of the property bearing Survey No.1905 to an extent of 291.60 acres situated at Suriyur Village, Kuralnatham Panchayat, Panamarathuppatti Union, Salem Taluk, Salem District. They have been in cultivation of the land, put up residence and living there for more than 75 years. While so, for the construction of the Panamarathupatti Lake and reservoir, the Municipal Corporation had acquired lands. In earlier 1900, the Suriyur was adjacent to Athipatti and the Village Number was 125 and the Pallakadu – Suriyur Village No.126, area was 506 acres and the lands acquired for only 227 acres, which comprised in S.Nos.2 to 52. The remaining survey No.1 was segmented into 3, which was 1/1, 1/2 and 1/3. Survey No.1/1 area is 237.21 acre, 1/2 is 34 acre and 1/3 is 7.49 acre, totalling 279.10 acres. The people, who were evicted from Survey Nos.2 to 52, were compensated, migrated and settled somewhere else. However, the people living in S.Nos.1/1, 1/2 and 1/3 have been disturbed and evicted from the place by Forest Authorities at least 17 times since 1984. Aggrieved over the eviction, the petitioners have filed a Writ Petition before this Court and the same was dismissed. As against the same, the petitioners have filed a Writ Appeal and the said Writ Appeal was also dismissed. As against the dismissal of the Writ Appeal, the petitioners have filed S.L.P.No.18974 of 2018, which was also dismissed. However, they have filed a Writ Petition before this Court in W.P.No.15348 of 2013 as against the eviction notice dated 13.06.2018. The said Writ Petition was dismissed, directing the respondents to take up the claim petitions and deal with the same in accordance with the provisions of the said Act. As such, the petitioners have filed claim petitions before the Revenue Divisional Officer, Salem and the same has been disallowed by the second respondent. Aggrieved over the same, the petitioners have preferred appeals before the first respondent and he has also confirmed the order of the second respondent holding that the petitioners were not entitled to patta under the said Act. It is the contention of the Writ Petitioners that the authorities simply rejected their claims stating that there is no Suriyur Village and the land is acquired for public purpose and they have not filed any documents to prove the ownership and long stay. The petitioners have also filed an appeal before the Secretary to the Government, Forest Department, who returned the appeal stating that there is no appeal lies before the Government. Hence, this Writ Petition.

3. It is the contention of the petitioners that they have been in possession of the land in question for more than 75 years. The orders have been passed against 21 persons. The representation was made by the Members of Grama Sabha. In the absence of any person, it would be treated as an Association not an individual. Therefore, the order passed against 21 persons in unlawful. But, no order has been passed against 11 persons. The said 11 persons could not file appeal before the 1st respondent, because no notice has been served on them. The first respondent as a Final Authority had not gone in