Longstanding possession and judicial affirmations of land exclusion from forest status support the issuance of a patta, regardless of governmental classifications.

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, which mistakenly included the writ petitioner’s land.

3.2. The writ petitioner filed Claim No.14 of 1978 before the Forest Settlement Officer, Dindigul, seeking exclusion of his land, but the claim was rejected on 07.09.1979. The writ petitioner appealed in C.M.A. No.90 of 1982 before the District Judge, Madurai North, who, on 06.10.1982, directed the Forest Settlement Officer to reconsider the matter. Upon reconsideration, the Forest Settlement Officer, on 30.04.1985, excluded the writ petitioner’s land from the proposed reserve forest area. An appeal by the District Forest Officer in C.M.A.No.20 of 1985 before the District Court, Dindigul, was dismissed on 06.12.1985, affirming the Forest Settlement Officer's decision.

3.3. Subsequently, the Special Tahsildar/Forest Settlement Officer submitted a proposal on 29.10.2010, and a revised proposal on 13.02.2017, to exclude the writ petitioner’s land. This was approved, and by order dated 02.05.2022, the Government officially declared the remaining area as Reserve Forest, effective 08.06.2022, excluding the writ petitioner’s land. Therefore, the writ petitioner was recognized as the absolute owner and is entitled to a patta.

4. The Writ Court, after considering the materials on record, allowed the writ petition. Aggrieved by the said order, the respondents, as appellants, have filed the present writ appeal.

5. The submissions of the learned Additional Advocate General are as follows:

5.1. The respondent/writ petitioner filed the writ petition seeking a direction to the fourth respondent to issue a patta in his favour for land in Survey No.695/Part, measuring 15 acres and 65 cents, located at Sirumalai Village, Dindigul East Taluk, Dindigul District. A preliminary notification under Section 4 of the TAMIL NADU FOREST ACT , 1882, was issued by the Government for constituting the Sirumalai West Forest Block-I, which included the writ petitioner’s land. This notification was published in the Government Gazette on 31.08.1977.

5.2. Subsequently, the writ petitioner filed a claim petition in Claim No.14 of 1978 before the Forest Settlement Officer, Dindigul, seeking deletion of the said land from the forest notification.