The High Court disposed of a writ petition seeking a mandate to clear encroachments in reserved forest lands near Bhavani Sagar Dam. Relying on a status report indicating eviction in progress, the court found no need to pass a separate order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No.9362 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WP No.9362 of 2018
Dr.T.Murugavel
: Petitioner
Vs
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WP No.9362 of 2018
9.K.Pomman 10.M.Ammasai Kutti 11.N.Rangasamy 12.R.Velumani 13.S.Rangaraj 14.R.Moorthy 15.K.Murugan 16.K.Kanagarajan 17.P.Rangasamy 18.R.Kalisamy 19.D.Periyasamy 20.K.Ganeshmoorthy 21.R.Murugesan 22.M.Subramaniam 23.R.Palanisamy : respondents
(Respondents 9 to 23 are impleaded as per order dt.20.06.18 in WMP No.17130/18)
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to clear encroachments and prevent such encroachments in future in the reserved forest lands in the area of submergence of the Bhavani Sagar Dam and to discontinue leasing of Government lands in the area of submerged of the Bhavanisagar Dam for agriculture in the dry periods.
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For the Petitioner : Mr.R.Srinivas, Senior Counsel, for Ms.Mythili Srinivas For Respondents 1, 3 to 8 : Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.M.D.Muhilan, A.G.P. For Respondent No.2 : Mr.Karthikeyan For Respondents 9 to 23 : Mr.P.Paramasiva Doss
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.R.Srinivas, learned Senior Counsel, for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1, 3 to 8; Mr.Karthikeyan, learned counsel for the second respondent and Mr.P.Paramasiva Doss, learned counsel for respondents 9 to 23.
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parties in view of the fact that status report has been filed by the Government. The list of encroachments has been given in paragraph 8 of the status report. Paragraphs 8 and 9 of the status report read as under:
“8.The list of encroachments in Vilamundi
Reserve Forests and Nilgiris Eastern Slope RF is
furnished below:
| Name of Reserve Forest |
Name of the Encroachment Portion/ Habitat |
In the year 2016 Extent of Area in Ha |
In the year 2016 No. of families |
In the year 2018 Extent of Area in Ha |
In the year 2018 No. of families |
In the year 2023 Extent of Area in Ha |
In the year 2023 No. of families |
|---|---|---|---|---|---|---|---|
| Vilamundi | Mundankarai | 59.09 | 29 | 51.01 | 29 | 52.032 | 34 |
| Samiyar Modakku | 17.80 | 10 | 13.96 | 10 | 8.49 | 05 | |
| Othapanaimara Kadu | 61.92 | 29 | 64.14 | 29 | 36.69 | 18 | |
| Thooramokkai | 12.55 | 05 | 16.99 | 05 | 18.30 | 11 | |
| Manalmedu | 27.52 | 21 | 33.92 | 21 | 10.39 | 13 | |
| Nilgiris |
Boothikuppai | 80.13 | 82 | 80.13 | 82 | 21.04 | 38 |
| Eastern Slope RF |
Boothikuppai to Kembarai |
37.23 | 31 | Evicted | Evicted | ||
| Karuvakandi to Nadukanchi |
68.80 | ||||||
| Kembharai to Karuvakandi |
76.08 | 179 | Evicted | Evicted | |||
| Total | 441.12 | 386 | 260.15 | 176 | 146.942 | 119 |
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WP No.9362 of 2018
9.It is respectfully submitted that following
the implementation of various measures, including regular patrolling by the Forest Department in the encroachment area, prevention of new cultivation and removal of electric fences, the number of encroachers and encroachment area has declined from 441.122 ha to 146.942 ha. It is respectfully submitted that the eviction process involves the eviction of some landless poor families from six separate locations, and the eviction process will be taken up in a phased manner.”
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WP No.9362 of 2018
order. The writ petition is disposed of. There will be no order as to costs.
Consequently, WMP No.11174 of 2018 is closed.
(S.V.G., CJ.) (P.D.A., J.) 20.09.2023 Index : Yes/No Neutral Citation : Yes/No tar
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To
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THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(tar)
WP No.9362 of 2018
20.09.2023
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Dr.T.Murugavel
The Principal Chief Conservator of Forests
The Union of India
The State of Tamil Nadu
The Conservator of Forests
K.Pomman
Sanjay V. Gangapurwala
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
