Tea plantation workers do not qualify as forest dwellers under the FRA, 2006, as they are employed by BBTCL and do not primarily depend on forest resources for livelihood.

ORDER :

1. These are public interest litigations seeking to:

(i) protect the the rights of a group of people who were either Tea Plantation Workers on daily wage basis or employees in the Estates in Manjolai which was run by M/s. Bombay Burmah Trading Corporation (P) Limited (for short “BBTCL”) ;

(ii) challenging the applications received from the workers to permit them to go on Voluntary Retirement pursuant to the VRS announced by BBTCL on the ground that the workers were made to take VRS under duress;

(iii) direct respondents/State Government to take over the Manjolai, Kakakchi, Nalumukku and Oothu estates and run through the 13 th respondent namely Tamil Nadu Tea Plantation Corporation Limited (TANTEA)

(iv) protect the reserve forest from being used for commercial purposes and restore the forest lands to the suitable habitation place for the wildlife by planting native tree saplings or native grass patches or any other native breed plantations; and (iv) for assignment of land in favour of the Tea Plantation Workers/Forest Dwellers.

(v) to evolve and frame a Scheme for the continuance of the plantation operations, preferably as an organic farm run by the collective of plantation workers domiciled and entrenched therein, as a Co-operative Society/ Former Producer Organization (FPO).

2...........

(i) W.P.(MD) No.15001 of 2024 is filed by one E.Rosemary, a resident of Nalumukku village, claiming to be a Tea Plantation Worker and seeking a writ in the nature of mandamus directing the respondents / State Government to take over the Manjolai, Kakakchi, Nalumukku and Oothu estates and run through the 13 th respondent namely Tamil Nadu Tea Plantation Corporation Limited (TANTEA) and further the respondents/ State Government may provide 4 hectares of land to the tea plantation workers for doing cultivation of their own in order to meet their livelihood and also to grant other monetary reliefs to the tea plantation workers based on petitioners representation dated 25.6.2024.

(ii) W.P.(MD) No.15012 of 2024 is filed by Dr.K.Krishnasamy, a Physician, Social Worker, an Indian Politician and former Member of Legislative Assembly of Tamil Nadu and President of a Political Party – Puthiya Tamilagam Party and President of a Labour Union - Puthiya Tamilagam Plantation Labour Union, seeking a writ in the nature of mandamus, directing the 19 th Respondent to cancel the V oluntary Retirement application submitted by the tea plantations workers under the coercion of BBTCL company i.e., 25 th Respondent and further respondents/State Government has to assign the land to an extent of 4 hectares to each tea plantation workers in other words the Traditional forest dwellers, who are living at Manjolai, Kakkachi, Nalumukku, Oothu and Kuthiraivetti villages as per Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights Act, 2006) and also to grant other monetary reliefs to each tea plantation workers in other words the Traditional forest dwellers based on Petitioners representation dated 30.06.2024.

(iii) W.P.(MD) No.13104 of 2024 is filed by one P.Amutha, a resident of Manjolai Estate, claiming to be a Tea Plantation Worker and seeking a writ in the nature of mandamus directing the respondents to frame a Scheme for Rehabilitation for the 700 families of Manjolai Tea Plantation workers in Ambasamudram Taluk, Tirunelveli District by granting free house-site patta under RSO 21 and to construct houses to all the 700 families under Kalaignar Kanavu Illam scheme in light of GO (MS) No.70 dated 15.03.2024 (Rural Development and Panchayat Raj Department) on spe