Judgment:
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2014 CORAM THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.1026 of 2009 and W.P.M.P.(Md.No.1 of 2009 A.S.Paramasamy Battachar .Petitioner versus 1.The District Forest Officer, Dindigul District, Dindigul.
2.The Forest Ranger, Sirumalai Range, Dindigul District.
3.Forest Watcher, Sirumalai Range, Dindigul District.Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents herein from in any way obstructing the petitioner or other devotees from using the pathway in Zamin Patta No.343, Sirumalai Oruthattu Village, Dindigul Taluk & District, to reach Arulmighu Sr.Vellimalaiyandi Temple, Nilakkottai Taluk, Dindigul District, to offer poojas and conduct festivals.
!For Petitioner : Mr.N.Damodaran For Respondents: Mr.D.Muruganandham Additional Government Pleader :ORDER
This Writ Petition has been filed by the petitioner forbearing the respondents herein from in any way obstructing the petitioner or other devotees from using the pathway in Zamin Patta No.343, Sirumalai Oruthattu Village, Dindigul Taluk & District, to reach Arulmighu Sr.Vellimalaiyandi Temple, Nilakkottai Taluk, Dindigul District, to offer poojas and conduct festivals.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3.The case of the petitioner is that Arulmighu Sr.Vellimalayandi Temple is a cave Temple, established more than 1000 years ago, located in the patta land belonging to the petitioner.
It is very popular among Murugan devotees.
To reach the Temple, the petitioner has laid a mud road for 6 kilometers of 5 feet width and renovated it in 2006 during Kumbabishekam of the said Temple.
The said pathway is in patta land.
4.The said land was originally form part of Ammayanaickanur Zamin.
The Zamindar made a valid assignment to the grandfather of the petitioner.
The said land was notified under the Tamil Nadu Estates (Abolition & Conversion into Ryotwari) Act, 1948 and taken over by the Government on 03.01.1951.
Even prior to coming into force of the Tamil Nadu Estates Land Act 1908, the Zamindar of Ammayanaickanur had made a valid assignment in favour of the petitioner's grandfather.
Subsequently, during survey, the authorities had wrongly included the old Ryotwari patta in the Survey No.760 and classified the same as poramboke.
5.Challenging the wrong inclusion of the private patta land, the petitioner has filed an appeal before the Secretary to Government, Revenue Department, on 08.08.2001.
Since the said appeal was not disposed of, the petitioner preferred the Writ Petition in W.P.No.9241 of 2002 before the Principal Bench of this Court and the same was disposed of on 04.04.2002, directing the Revenue Secretary to dispose of the appeal within a period of six months.
Thereafter, after several hearings, the petitioner had submitted his written arguments on 30.05.2006.
In October 2008, the Revenue Secretary, after hearing the petitioner and the Revenue Authorities on various hearings, had reserved ordeRs.But, no orders have been passed.
6.While so, the third respondent under oral instructions from the fiRs.and second respondents, had created obstacles in the pathway at the entry point of Rajathanikottai Village stating that the said land is a forest land and no Archaka or devotee would be permitted to use the pathway to reach the temple.
7.From time immemorial the ancestors of the petitioner, petitioner and devotees are using the pathyway laid in patta land.
The present action of the respondents preventing them from using the pathway is illegal and without any auhtority.
Hence, the petitioner has come forward with the present writ petition.
8.The contention of the respondents:- The land in question after enquiry and survey was declared as Reserve Forest Land and came under the jurisdiction of Sirumalai West Forest Block Reserve Forest, comprising of 22204.49 acres.
As per the Estate Abolition Act, 1948, lands of Zamindar was taken over by the Government and notified in G.O.Ms.No.3157, Revenue Department, dated 09.12.1950 and handed over to the Forest Department, on 15.10.1951, for administration and possession control.
Necessary Notification has been issued, as per Tamil Nadu Forest Act, 1882.
After declaration under the Act, no right shall be acquired in writing, made or entered into by, or on behalf of the Government, or on behalf of such person in whom such right, or power to create the same was vested when proclamation was published, or by succession from such person, and no fresh clearings for cultivation or for any other purpose shall be made on such land.
They have also stated that the Forest Settlement Officer has given 8 pathway rights and the pathway alleged to be laid by the petitioner is not one among them.
As per orders of the Apex Court as well as this Court, forest lands are to be protected and hence, the petitioner is not entitled to the relief claimed in the writ petition.
9.The second respondent filed counter affidavit making similar submissions.
In addition to that the second respondent has stated that a foot path leads to a distance of 8725 meter starting from S.F.No.760/1 upto the Temple is allowed.
All the Pilgrims are using the said pathway only.
Patta No.343 mentioned in the affidavit is false.
The petitioner has no right to claim property.
Hence, prayed for dismissal of the writ petition.
10.The learned counsel for the petitioner as well as the learned Additional Government Pleader reiterated the averments made in the affidavit as well as in the counter affidavit.
11.I have carefully considered the submissions made by the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the materials on record.
12.Admittedly, the land in question has been declared as Reserve Forest Land and is under the control of the Officials of Forest Department.
The petitioner has not substantiate his claim that he is the Hereditary Trustee and Archaka.
He has not made any claim before the Forest Settlement Officer after Notification under the Tamil Nadu Forest Act, 1882.
The petitioner has not produced any assignment made to his grandfather by Zamindar.
Zamin Patta No.343 has no validity after declaration and Notifications under the Tamil Nadu Forest Act Notification and taking over by the Government, as per the provisions of the Tamil Nadu Estates (Abolition & Conversion into Ryotwari) Act, 1948.
Further, the pathway claimed by the petitioner is not one of 8 pathway rights approved by the Forest Settlement Officer.
The second respondent has stated that 8725 meters of one meter width starting from S.F.No.760/01 upto the Temple is used to be allowed to Pilgrims and that they are using only that pathway.
These averments are not denied by the petitioner.
13.For the above reasons, I hold that the petitioner has failed to substantiate his claim that the land in question is a patta land and his right to use the pathway alleged to be laid by him in his patta land.
The contention of the learned Additional Government Pleader appearing for the respondents that the lands are Forest Lands and the pathway to the Temple starts only from S.F.No.760/01, are acceptable.
Therefore, the writ petition is devoid of merits and the same is liable to be dismissed.
Accordingly, the writ petition is dismissed.
No costs.
Consequently, connected miscellaneous petition is closed.
To 1.The District Forest Officer, Dindigul District, Dindigul.
2.The Forest Ranger, Sirumalai Range, Dindigul District.
3.The Forest Watcher, Sirumalai Range, Dindigul District.