- (1.)This Review Application has been filed by the District Forest Officer, Erode District, against the order dated 8.9.2011, in Writ Appeal No.1585 of 2011. By the said order, the Appeal filed by the applicant herein against the order passed in W.P.No.20193 of 2007, dated 28.4.2010, was dismissed. The said Writ Petition was filed by the first respondent herein praying for a direction to forbear the Review Applicant from interfering with the first respondent's possession and enjoyment of the land in Survey No.411-B measuring 0.80 hectares and in Survey No.642, measuring 0.98 hectares at Vengambur Village, Erode District, based on an allotment in Ref. No.PSR.No.II 1033/51.
(2.)The first respondent/writ petitioner stated that his father was a freedom fighter and died during 1949. Subsequently, his mother was allotted ten acres of land at Kollegal Village, Gobi Taluk. Subsequently, she made a request for allotment of land for agricultural purpose which was favourably considered and lands in Vengambur village were allotted. The first respondent/writ petitioner claims to be in possession of the land after his mothers demise for about ten years and paying necessary kists. The grievance expressed was that the applicant herein is interfering with his peaceful possession and enjoyment of the said lands.
(3.)The applicant resisted the writ petitioners claim by stating that the land has been notified under Section 16 of the Tamil Nadu Forest Act and published in the Erode District Gazette No.79 dated 21.9.2000 and payment of kist to the Public Works Department will not give any right to the writ petitioner over the said lands.