Mani Vs The District collector

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus, calling for the records of proceedings of the 2nd respondent dated 14.07.2021 bearing Na.Ka.47/2021, quash the same and consequently restore all amenities to the petitioners' residence comprised in Survey No.594 situate at Naduvattam Village, Udhagai Taluk, Nilgiris District.

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For Petitioners : Mr.T.S.Vigneshwaran representing Mr.M.Raja For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 Dr.T.Seenivasan, for R2

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O R D E R

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[Order of the Court was made by M. SUNDAR, J.]

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Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} has been filed with a prayer seeking issue

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https://www.mhc.tn.gov.in/judis

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W.P.No.19239 of 2021

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of a writ of certiorarified mandamus. In and vide certiorari limb, a 'notice dated 14.07.2021 bearing reference Na.Ka.47/2021 made by R2 [the Forest Ranger, Bikkara Range, Bikkara, Udhagai Taluk, Nilgiris District]' {hereinafter 'impugned notice' for the sake of brevity, convenience and clarity} has been assailed and a scanned reproduction of the impugned notice is as follows:

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https://www.mhc.tn.gov.in/judis

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W.P.No.19239 of 2021

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As is evident, the impugned notice refers to order dated 30.06.2021

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made in W.P.No.12517 of 2021. This writ petition has ultimately been disposed of by another Hon'ble Division Bench on 21.09.2021. Copies of these orders made by another Hon'ble Division Bench are as follows: Order dated 30.06.2021:

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Order dated 21.09.2021:

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Paragraph No.6 of order dated 21.09.2021 is significant. In the

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light of paragraph No.6, we deem it appropriate to extract and reproduce

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Section 68-A of 'the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882)' {hereinafter 'Forest Act' for the sake of brevity, convenience and clarity}, which reads as follows:

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'68-A. Liability of person unauthorisedly occupying any land in

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reserved forest, etc. to summary eviction .-- Any person unauthorisedly occupying any land in reserved forest or any land at the disposal of Government may be summarily evicted by an officer of Forest Department not below the rank of Forest Ranger or an Officer of the Revenue Department not below the rank of Tahsildar, having jurisdiction over the area in which such land is situated, in such manner as may be prescribed and any crop or other product raised on such land, shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also be liable to forfeiture. Forfeiture under this section, shall be adjudged by the officer referred to above and any property so forfeited, shall be disposed of in such manner as may be prescribed:

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Provided that no eviction or adjudication under this section adversely affecting a person shall be made or adjudged, unless--

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(a) such person has been given a notice in such manner as may be prescribed; and

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(b) the representation, if any, received in pursuance of such notice has been duly considered by such officer concerned.'

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Section 68-A of Forest Act makes it clear that any person allegedly

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unauthorisedly occupying any land in reserved forest or any land at the disposal of the Government can be summarily evicted but no eviction or adjudication adversely affecting such a person shall be made or adjudged without such person being given a notice and the representation, if any from such person is duly considered by the officer concerned.

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Therefore, as regards certiorari limb without acceding or negativing the certiorari limb i.e., without sustaining the impugned notice on merits, we make it clear that the same shall be construed as a notice {'Show Cause Notice' - 'SCN'} within the meaning of proviso (a) of section 68-A of Forest Act. The writ petitioners can now send representation/s within 15 days from the date on which instant order is uploaded in the official website of this Court. If writ petitioners sent any representation, the same shall be considered vide proviso (b) of Section 68-A of the Forest Act. If writ petitioner/s does / do not send any representation within a fortnight from the date of uploading of the instant order as already alluded to supra, the impugned order will stand resuscitated and the same can be implemented.

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Summary eviction / forfeiture, if any and if that be so, shall be

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subject to provisos (a) and (b) of Section 68-A of the Forest Act as there is allusion supra.

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The mandamus limb of the prayer is regarding restoration of amenities and in the light of the coercive action, if any, being subject to provisos (a) and (b) of Section 68-A of the Forest Act, restoration of amenities plea in the interregnum shall be considered on its own merits and in accordance with law.

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Captioned WP is disposed of in the aforesaid manner. Consequently, captioned writ miscellaneous petition is disposed of as closed. There shall

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be no order as to costs.

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(M.S.J.,) (H.C.J.,) 11.08.2025

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Index : Yes / No Neutral Citation : Yes / No Speaking / Non-speaking

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mk

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