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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
J. Nisha Banu, J, S. SRIMATHY
District Collector, Dindigul – Appellant
Versus
K. Lakshmananperumal – Respondent
JUDGMENT :
(J. NISHA BANU, J.)
Challenging the order passed by the Writ Court dated 28.10.2024 in W.P.(MD) No.25552 of 2024, the respondents as appellants have filed the present Writ Appeal.
2. The respondent/writ petitioner filed the writ petition seeking the issuance of a writ of Mandamus directing the fourth respondent to issue a patta in his favour in respect of Survey No.695/Part, to an extent of 15 acres and 65 cents situated at Sirumalai Village, Dindigul East Taluk, Dindigul District, in light of the judgment dated 06.12.1985 in C.M.A. No.20 of 1985 on the file of the District Court, Dindigul, and in light of G.O. Ms. No.84, Environment, Climate Change- Forest (FR.14) Department, dated 02.05.2022.
3. Short facts, shorn of elaboration, are as follows:
3.1. The writ petitioner is in possession of 15 acres and 65 cents of land in S.No.695/Part at Sirumalai Village, Dindigul East Taluk, inherited from his predecessors, who had cultivated banana, lemon, coffee, and other crops on the said land. A preliminary notification under Section 4 of the TAMIL NADU FOREST ACT , 1882, was issued on 31.08.1977, proposing to constitute the Sirumalai West Forest Block-1 over 22,204.49 acres, whic
Longstanding possession and judicial affirmations of land exclusion from forest status support the issuance of a patta, regardless of governmental classifications.
The authority exceeded its jurisdiction by ignoring binding civil court decrees and misclassifying lands as poromboke, violating principles of natural justice.
Proper assessment of the petitioner's right over the disputed survey numbers under the Tamil Nadu Minor Inam Abolition and Conversion into Ryotwari Act, 1963 is crucial in granting Patta.
The court emphasized the importance of establishing ownership and possession of land before the enactment of relevant laws and the jurisdiction of authorities to entertain applications filed within s....
The Tamil Nadu Preservation of Private Forest Act applies to lands exceeding 2 hectares in contiguous area, and ignorance of prior notifications does not warrant exemption from the Act.
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