A.C. Murugesan vs District Collector, Salem

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 1963

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER
A.C. Murugesan – Appellant
Versus
District Collector, Salem – Respondent

Advocates Appeared:
For the Appellant : Vineet Subramani
For the Respondent: K.H. Ravikumar

JUDGMENT :

S.M. SUBRAMANIAM, J.

1. Under assail is the writ order dated 10.03.2023 passed in W.P.No.8498 of 2022.

2. The appellants are the writ petitioners, instituted writ proceedings challenging the order dated 08.02.2021 passed by the District Collector, Salem, rejecting the application submitted by the appellants to declare their right to possess the land declared as ‘Reserved Forest’ under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereafter referred to as ‘Act, 2006’).

3. The claims of the appellants are that their ancestors were in possession and enjoyment of the property bearing S.No.1905 to an extent of 291.60 acres situated at Suriyur Village, Kuralnatham Panchayat, Panamarathupatti Union, Salem Taluk, Salem District. Their ancestors were in cultivation of land, put up residence and living there for more than 75 years. During the construction of Panamarathupatti Lake and reservoir, vast extent of lands were acquired. As far as the appellants are concerned, they filed an application under Act,2006 to declare their rights to possess the reserved forest land to an extent of 291.60 acres. Since the appli

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