W.P.Nos.16830 to 16839 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

W.P.Nos.16830 to 16839 of 2014

WP.No.16830 of 2014:

K.Parvathi

.. Petitioner

Vs.

1.The State of Tamil Nadu

rep.by the Secretary to 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,

Vellore District, Vellore.

4.The Tahsildar,

Tirupattur Taluk, Vellore District.

5.The District Forest Officer,

Vellore, Vellore District.

.. Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India

praying of issuance of Writ of Mandamus Directing the respondents to issue

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W.P.Nos.16830 to 16839 of 2014

Patta to the petitioner for the lands comprised in Vazhuthalapattu ,

Nadukuppam Post, Pudurnadu Village, Tirupattur Taluk, Vellore District.

to an extent of 3.00 acres.

For Petitioner

: Mr.V.Thirupathi

For Respondents

: Mr.T.Arunkumar

Additional Government Pleader

O R D E R

The petitioners have filed these petitions for issuance of writ of

Mandamus Directing the respondents to issue Patta to the petitioners for

their lands.

2. Since the issue arises in the present cases are one and the same,

all these writ petitions are taken up together and disposed of by this

common order.

3. The case of the petitioners is that they are the permanent

resident of various Villages in Tirupattur Taluk, Vellore District, and

Gengavalli Taluk and Attur Taluk of Salem District, in various acres of

land. In the revenue records, the lands which are in possession of the

petitioners are shown as Hill Poromboke and at earlier point of time,

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W.P.Nos.16830 to 16839 of 2014

the properties were irregular in shape, barren and uncultivable. The

petitioners have spent huge amount for the heavy reclamation on the

said properties and changed the nature of the lands into agricultural

lands and cultivating the same regularly. Thereafter, they made

representation to the authorities concerned, to issue patta for the lands

which are under their possession. Further it is alleged that in fact in the

year 2006, the Central Government was pleased to pass an enactment

namely 'The Scheduled Caste and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006, in and by which the rights of

the petitioners and other similarly placed traditional dwellers are

protected and hence, they made series of representation to all the

respondents to issue patta for the lands in question, however till date no

response is forthcoming. Hence, the petitioners are constrained to

approach this Court by filing this writ petition.

4. The learned counsel appearing for the petitioners submitted

that it would suffice if this Court issues direction to the respondents to

consider the petitioners' representation and pass appropriate orders.

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W.P.Nos.16830 to 16839 of 2014

5. The learned Additional Government Pleader appearing for

the respondents submitted that as per the Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006, traditional forest dweller

means the members of community of the scheduled tribes who

primarily reside in for more than 25 years and who depend on the forest

or forest lands for bona fide livelihood needs. However in the present

case on hand, they are not entitled to claim benefit of the above said

Act, in view of the fact that they are not traditional forest dwellers and

they did not belong to scheduled tribe community, they merely made

representation for issuance of patta for the lands in reserved forest,

which cannot be considered by the respondents and hence prays for

dismissal of these petitions.

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