S.J.MUKHOPADHAYA, J. - (1.) The members of the appellant-Salem Mavatta Ezhpulli Malaivazh Makkal Nala Sangam (writ petitioner) (for short, 'Association') are all hill tribes, cultivating the waste dry Government poramboke land(s) from time immemorial and are in possession and enjoyment of S. No. 1/1 Malayalapatti Village, Attur Taluk, Salem District. They sought for a writ of mandamus, to forbear the respondents from issuing declaration under Section 16 of the Tamil Nadu Forest Act, 1882 for the land(s) in S. No. 1/1 of the aforesaid Malayalapatti Village, without considering the claim of the members of the appellant-Association, totally 217 persons, whose names were given in the annexure to the Writ Petition in question and to grant patta to them for an extent of four acres of each of the said land(s) in the said S. No. 1/1.
(2.) The learned single Judge, taking into consideration the facts of the case, maintenance of ecological balance and environmental protection, referring to some of the decisions of the Supreme Court, and having refused to grant the relief, the present Writ Appeal has been preferred by the appellant-Association.
(3.) The only question to be determined in the present case is as to whether the members of the appellant-Association, who are Scheduled Tribes and those who are other traditional forest dwellers, who otherwise fulfill the requisite conditions, have the forest rights and right of occupation in the forest lands in question.;