The court upheld that due process must be followed prior to eviction under Section 68-A of the Tamil Nadu Forest Act, requiring authorities to consider representations before taking action.

ORDER :

M. SUNDAR, J.

This common order will govern the captioned 13 main 'Writ Petitions' ('WPs' for the sake of brevity) and captioned 13 'Writ miscellaneous petitions' ('WMPs' for the sake of brevity) thereat.

2. Mr.A.Navaneethakrishnan, learned senior counsel appearing on behalf of Mr.R.S.Anandan, counsel on record for writ petitioners in all WPs, Mr.Haja Nazirudeen, learned senior counsel and Additional Advocate General instructed by State counsel for respondents 1 to 6 and Mr.M.S.Arasakumar, learned Government Advocate for R7 are before us. As regards State counsel led by learned Additional Advocate General, Mr.T.K.Saravanan, learned Additional Government Pleader for respondents 1,2,3 and 6 and Dr.T.Seenivasan, learned Special Government Pleader and Mr.P.Haribabu, learned Government Advocate for respondents 4 and 5 are before us.

3. Subject matter of all captioned W.Ps is 'land situate in S.No.101/3, Eguvarpalayam village, Gummidipoondi Taluk, Thiruvallur District and dwelling houses put up thereon by writ petitioners' ['said land' as regards land and 'said property' as regards said land together with superstructure thereon for the sake of brevity and convenience]. When five writ petitions with the factual matrix and prayer similar to 13 captioned main W.Ps came up before us, after hearing both sides, a common order dated 17.02.2025 was made and reproduction of the same is as follows:

'IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE M. SUNDAR
and
THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI
W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025
and
W.M.P. Nos.5852, 5858, 5861, 5877 and 5879 of 2025
S. Babu ...Petitioner in WP No.5270/2025
M. Somu ...Petitioner in WP No.5284/2025
Venkataramaraju ...Petitioner in WP No.5286/2025
K. Mani ...Petitioner in WP No.5302/2025
Yuva Kumar ...Petitioner in WP No.5306/2025
vs.
1. The Commissioner of Land Administration Chepauk Chennai 600 005
2. The Principal Secretary and Commissioner
Survey and Settlement Department Chepauk Chennai 600 005
3. The District Collector Thiruvallur District 601 201
4. The District Forest Officer (DFO) Thiruvallur District 601 201
5. The Forest Range Officer
Gummidipoondi Forest Range
Madarpakkam Village & Post 601 202
Thiruvallur District
6. The Tahsildar
Gummidipoondi Taluk
Thiruvallur District 601 201
7. The Block Development Officer (BDO)
Gummidipoondi Union and Taluk
Thiruvallur District 601 201
8. The Assistant Engineer
(Operation and Maintenance)
Tamil Nadu Power Distribution Corporation Ltd.
Chennai EDC/North
Madhavaram
Madharpakkam
Chennai ...Respondents in all WPs

(R8 suo motu impleaded by Court on 17.02.2025)

Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus by calling for the records relating to the fifth respondent in G.O. No.832 F & F Government Department dated 13.07.1881 signed on 08.02.2025 and quash the same and consequently, direct the first respondent to rectify the error or mistake committed while resettlement by re-classifying the land in S.No.101/3 in Equverpalayam Village, Gummidipoondi Taluk, Thiruvallur District as “Kal Medu” instead of “Reserve Forest” in the 'A' Register by considering the joint representation dated 18.03.2023.

For petitioner in all WPs : Mr. A. Navaneethakrishnan Sr. Counsel for Mr. R.S. Anandan
For RR 1-3 & 6 in all WPs : Mr. M.S. Arasakumar Government Advocate
For RR 4 & 5 in all WPs : Mr. Haja Nazirudeen Addl. Advocate General - I assisted by Dr. T. Seenivasan Spl. Government Pleader (Forest) and Mr. P. Haribabu Government Advocate
For R7 in al