IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.03.2022 CORAM THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.NO.32702 OF 2014 K.Kumar ... Petitioner Vs.

1.The State of Tamilnadu Rep. by the Secretary to the Government Revenue Department Fort. St. George, Chennai – 600 009.

2.The State of Tamil Nadu Rep. by the Secretary to Government Environment and Forest Department Fort.St. George, Chennai – 600 009.

3.The District Collector Namakkal, Namakkal District.

4.The Tahsildar Rasipuram Taluk Namakkal District.

5.The District Forest Officer Namakkal, Namakkal District. ... Respondents PRAYER: Writ petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order passed by the third respondent in Na.Ka.No.8916/2014/L-1 (3-68) dated 31.07.2014 and quash the same and thereby direct the respondents to reconsider the case of the petitioner in terms of the provisions of the scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, read with the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, for issuance of patta to the petitioner.

For Petitioner : Mr.Muthukumaran for Mr.V.Thirupathi For R1 to R4 : Mr.M.Rajendiran, Additional Government Pleader For R5 : Mr.T.Arun Kumar, Additional Government Pleader (Forest)

O R D E R

Challenging the order dated 31.07.2014 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 dismi