Tamil Nadu Vivasayigal Sangam vs The District Forest Officer and The Assistant Settlement Officer

P. Sathasivam, J.—The writ appeal is directed against the order of the learned single Judge dated 07.06.2000 made in W.P. No. 6586 of

1999, in and by which, the learned single Judge, after finding that the petitioners are not entitled to the relief sought for in the writ petition, has

dismissed the same.

Heard Mr.R.N.Kothandaraman, learned Counsel appearing for the appellant sangam, Mr.Titus Jesudas for the first respondent and

Mr.P.Subramanian, for the second respondent.

It is the case of the petitioner/appellant that in view of the order dated 23.12.1998 made in S.R. No. 7/80, the second respondent, the Assistant

Settlement Officer, Dharapuram has granted Ryotwari Pattas in favour of the 10 tenants, including in favour of Balagangadharan Nair in respect of

the land in possession of the members of the appellant. It is also stated that consequently, the rights of entitlements conferred on them u/s 9 of the

Gudalur Janmam Estates Act, 1969 and consequential ownership over the said lands have been confirmed and made absolute in their favour. In

view of the fact, according to them, as on date, the Government has no manner of right and interest over the same. It is also their claim that the

dispute regarding possession of the said lands would be only between its owners viz., Ryotwari pattadars and the members of the appellant and the

Government. It is also brought to our notice that the Ryotwari pattadar Balagangadaran Nair has filed civil suit in O.S. No. 154 of 1990 on the file

of District Munsif Court, Gudalur, against some of the members of the appellant praying for permanent injunction. In view of the fact that the

members of the appellant sangam were in the actual possession and enjoyment of the lands in question, interim injunction was granted in his favour,

however, the suit is still pending. It is also argued that the learned single Judge has not considered the question whether the land comes within

Reserve Forest"" or ""the land at the disposal of the Government"" as defined u/s 68-A of the Tamil Nadu Forest Act or within the meaning of ""the

Forest"" or ""the Private Forest"" as defined in the TNPPF Act.

The learned Special Government Pleader appearing for the first respondent submitted that the lands in question are Forest lands, hence patta

cannot be granted in favour of the members of the appellant sangam.

We have considered the claim made by the appellants sangam and the stand of the respondents. First of all, whether the lands in question are

Forest lands or not cannot be gone into by this Court in these proceedings. Even though, the stand was taken by the respondents, the same was

not substantiated by placing acceptable materials. It is also the claim of the counsel for the appellant that the members of the sangam are not the

refugees as observed by the learned single Judge. On the other hand, they were re-patriates and settled at Gudalur, pursuant to the agreement

between two countries viz., India and Sri Lanka. It is also brought to our notice that all the members are settled and cultivating the land all along

without any interruption. It is also the claim of the appellant that they have no other avocation and their livelihood must be protected.

Taking note of the grievance and also of the assertion of the appellant that the members of the sangam were in possession of the lands from

1980 onwards without any interruption, we are of the view that ends of justice would be met by directing the sangam, their members, to make a

representation to the District Collector, Nilgiris highlighting their grievance either for grant of patta in respect of the lands in question or for suitable

alternate lands for continuing their livelihood. The said representation is to be made within a period of four weeks from the date of receipt of a

copy of this order. If any such representation is made, the District Collector, Nilgiris, is directed to consider and dispose of the same in accordance

with law within a period of 12 weeks thereafter. It is made clear that if any clarification is required, the District Collector, Nilgiris, is directed to get

the required details from the applicants viz., sangam before passing any order. In view of the claim of the members of the sangam that they were in

possession of the land in question from the year 1980, it is made clear that till the final decision being taken by the Collector, Nilgiris, on the

proposed representation, their possession shall not be disturbed.

With the above directions, the writ appeal is disposed of. No costs. WAMP No.1218 of 2001 is closed.