O R D E R

Challenging the order dated 30.07.2014 passed by the third respondent / District Collector, rejecting the claim for issuance of patta, the petitioner has preferred the present writ petition.

2.According to the petitioner, he was in absolute and continuous possession and enjoyment of the lands comprised in unsurvey Block No.2, Naraikinar, Rasipuram Taluk, Namakkal District. In Revenue Records, his lands and the lands adjacent to his lands were shown as Hill poramboke. The properties situated in Naraikinar were irregular in shape, barren and uncultivable and abutting the small hills. He has converted the barren and uncultivable lands into cultivatable lands and is doing agriculture. In the year 1950, a Notification under Section 4 of the Madras Forest Act, 1882 was issued by the Government to declare the above lands in unsurvey block No.2 to a total extent of 3583.62 Hectares (8855 acres) as "Reserve forest". Thereafter, it was not pursued. Again in the year 1990, it was identified that out of the total extent of 3583.62 Hectares (8855 acres) as per the theodolite survey, about 2253.85.0 Hectares (5578.20 acres) were encroached and for the remaining 899 Hectares (2222.49 acres) there was no encroachment. As per the said measurement, the Forest Settlement Officer was directed to send a report under Section 10 of the Madras Forest Act. Accordingly, the fifth respondent has conducted an enquiry under Section 8 of the Madras Forest Act and sent a report stating that the said extent of lands were exempted from reserve forest and also confirmed the petitioner's long and continuous possession as early as in the year 2002. Thereafter, the petitioner made a representation to the authorities concerned for issuance of patta for the above lands. In the year 2006, the Central Government has made an enactment viz., The Scheduled Caste and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in and by which, the rights of the petitioner as well as similarly placed traditional dwellers were protected. In the meantime, the fifth respondent informed that the question of issuing patta will be decided by the Revenue Department after getting appropriate orders from the Government.

3.In the meanwhile, similarly situated persons belonging to the Salem Mavatta Ezhpulli Malaivaizh Makkal Nala Sangam, Puzuthikuttai, Salem District, filed a writ petition in W.P.No.10954 of 2005 seeking to forbear the respondents from issuing declaration under Section 16 of the Tamilnadu Forest Act and to grant patta to the members of the Sangam and the same was by this Court dismissed on 01.04.2005. Against which, Writ Appeal in W.A.No.376 of 2008 was preferred. A Division Bench of this Court, by an order dated 20.10.2009 has directed the respondents therein to consider the case of the Members of the appellant - Sangam as per the provisions of the Scheduled Caste and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and to pass appropriate orders. Even thereafter, the respondents did not pass any order. Finally, on 20.12.2012, the petitioner has made a representation to the respondents for issuance of patta to an extent of two acres, but, it was rejected on 30.07.2014, which is contrary to the judgment of this Court in W.A.No.376 of 2008, dated 20.10.2009. The respondents have failed to consider the rights of the forest dwellers under Section 2 of the Act 2007. The petitioner is entitled to Patta to his lands, which is in his long and continuous possession as per the Section 2 of the Act 2007 and the Rules framed therein.

4.Heard the submissions made on either side.

5.Upon the perusal of the impugned order dated 30.07.2014, it is noted that on 12.05.1954 itself, the lands were notified as "Reserve forest" under Section 4 of the Tamil Nadu Forest Act, 1882 and the same was published in the Government Gazette vide No.40669/C-IV/54-2 dated 12.05.1954. Thereafter, on 19.05.1955, a declaration was issued under Section 6 of