- (1.)THIS writ petition has been filed for a mandamus to the respondents to forbear the third and fourth respondents from interfering with the petitioners' peaceful possession and enjoyment of land in Survey No.93 (old Survey No.86) Gopalakrishnapuram vilalge, Tiruttani Taluk, Tiruvallur District except by due process of law and to direct the second respondent to grant assignment of patta for the above said land.
(2.)IN support of the above relief the petitioners plead as follows: According to the petitioners, they are agricultural coolies and they have been living in the hill area for several decades and they have been cultivating the above stated land. The petitioners referred to certain proceedings of the Tahsildar, Tiruttani to seek the relief of assignment of patta for the above stated property. The further case of the petitioners is that the Forest Ranger, the fourth respondent herein is interfering and trying to disturb the peaceful possession of the petitioners and that is why they have come forward to file the present writ petition for the above relief.
The learned counsel for the petitioners relied upon the earlier order of this Court in W.P.No.7176 of 1982 dated 16.02.1990 passed by Mr.Justice S.Ramalingam(as he then was) wherein it has been stated that the land in question has been assessed as dry waste (hill poromboke) and therefore, the petitioners' right should be protected as the lands have not been denotified as "reserved forest land' by the Forest Department in the manner prescribed by law even as on today and they are in possession. He also relied upon a proceeding issued by the respondents in respect of adjacent lands wherein the forest department has issued notification under Section 4 of the Act and declared the reserved lands as reserve forest land whereas in the present case no such action has been taken. Hence, respondents have no authority to interfere. On this premise they submit that the petitioners, who are in occupation of the land, should not be disturbed until the Forest Department notifies the land as "reserved forest land". According to the petitioners, the said notification has not been issued and therefore, the respondents have no right to enter upon the land.

(3.)THE respondents were put on notice and Mr.Subramanian, Special Government Pleader (Forest) appears for respondents, 1, 3, and 4 and Ms.V.M.Velumani, Special Government Pleader appears for the second respondent, District Collector and contended that the land belonged to the Government and has been notified as reserve land and therefore, petitioners cannot claim any right even if any revenue authority has granted some right overlooking the notification.