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.
