The Madurai Bench of the Madras High Court dismissed a writ petition seeking quashing of an eviction order. The court held that once land is declared reserved forest, it vests in the Forest Department, rendering revenue re-classification non-justiciable under Article 226.
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.
W.P.(MD) No.6392 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.6392 of 2023 and
W.M.P.(MD)Nos.6048 and 6049 of 2023
Jeyachandara ... Petitioner -vs1.The District Collector, Karur District, Karur. 2.The Revenue Divisional Officer, Kulithalai, Karur District. 3.The Forest Ranger, Rajendran Forest Block, Karur Forest Range, Karur. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the third respondent in Na.Ka.No.184/2022, dated 11.03.2023 and quash the same.
For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.R.Baskaran, Additional Advocate General Assisted by Mr.P.T.Thiraviyam, Government Advocate
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W.P.(MD) No.6392 of 2023
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Mr.R.Baskaran, learned Additional Advocate General, for
Mr.P.T.Thiraviyam, learned Government Advocate, takes notice for the respondents.
2 .The order under challenge is one, directing eviction of the petitioner from the land, which has been classified as reserved forest. Claiming that the land in question situated in Survey No.348 of Rajendram Village, Karur District is forest land, the Forest Department launched eviction proceedings, which culminated in the order dated 11.03.2023.
3.The learned counsel for the petitioner would invite us to certain proceedings of the District Collector, Karur, to contend that the lands in question has been classified as cremation ground and not as reserved forest. Those proceedings are of very recent origin and are dated 30.09.2022. The publication in the Fort St. George Gazette, dated 21.02.1962, shows that an area of 80.91 Acres was declared to be a reserved forest. Once the land is declared as reserved forest, the Revenue Authorities do not have any control or right over it. It will vest in the Forest Department. The District Collector or any other revenue Officer cannot pass orders either re-classifying or de-
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W.P.(MD) No.6392 of 2023
classifying the said land. Though there is an order by the District Collector dated 30.09.2022, giving certain recommendations in respect of assignment of the land, the same cannot be implemented, as the land is not under the control of the Revenue Department. The order impugned in the Writ Petition namely, eviction order itself shows that the claim of the father of the petitioner made before the Forest Officials was rejected and were treated as encroachers. This being the position, the Forest Department cannot be faulted for having issued notice, seeking eviction of the petitioner.
4.Mr.R.Baskaran, learned Additional Advocate General appearing for the respondents would also draw our attention to the proceedings of the District Revenue Officer, Karur, with a direction to the rectify the entries in the revenue records showing the land in Survey No.348/1 and 3 as Rajendram reserved forest.
5.In the light of the above, we do not think that we can interfere with the eviction proceedings under Article 226 of Constitution of India. The Writ Petition therefore, fails and is is accordingly, dismissed. It will be open to the petitioner to seek assignment/allotment of any other Government land that may be available from the Revenue Department. But eviction will not
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W.P.(MD) No.6392 of 2023
depend on such allotment or assignment. No Costs. Consequently, connected miscellaneous petitions are closed.
[R.S.M., J.] [L.V.G., J.]
16.10.2024
NCC : Yes/No Index : Yes/No Internet : Yes Mrn
To
1.The District Collector, Tenkasi District, Tenkasi.
Hindu Religious and Charitable Endowments Department, Thoothukudi.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department, Courtallam, Tirunelveli District.
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W.P.(MD) No.6392 of 2023
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Mrn
W.P.(MD) No.6392 of 2023
16.10.2024
https://www.mhc.tn.gov.in/judis Page 5 of 5
2 issues framed by the court
Whether the Writ Court can interfere with the eviction proceedings by the Forest Department under Article 226 of the Constitution of India despite recent classification recommendations by the Revenue
Whether the classification of land as reserved forest by the Forest Department precludes Revenue Authorities from re-classifying it as a cremation ground.
2 provisions across 2 enactments
Jeyachandara
The District Collector, Karur District
The Revenue Divisional Officer, Kulithalai, Karur District
The Forest Ranger, Rajendran Forest Block, Karur Forest Range, Karur
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
