IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.12.2009 CORAM: THE HON'BLE MR.JUSTICE K.CHANDRU W.P.NO.20073 OF 2009 and M.P.NO.1 OF 2009 1.P.Chandran 2.P.Kuppusamy 3.P.Munusamy 4.Mrs.Bathima 5.B.Rajeswari 6.B.Balakrishnan 7.Mrs.B.Uma 8.P.Munusamy 9.O.Jayaraman 10.O.Venkatamani ..Petitioners Vs. 1. Conservator of Forest Chennai Region, Chennai-6. 2. The District Collector, Thiruvallur District, Thiruvallur. 3. The District Forest Officer, Thiruvallur District, Thiruvallur. 4. The Forest Ranger, Thiruthani, Thiruvallur District. ..Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus forbearing the respondents 3 and 4 or his men, agents and any other subordinates from interfering with the petitioners' possession of the land in Survey No.93 ((Old Survey No.86) Gopalakrishnapuram Village, Tirutani Taluk, Tiruvallur District except by due process of law. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.R.N.Amarnath For Respondents : Mr.S.N.Kirubanandam 1,3 and 4 Special Government Pleader For Respondent No.2: Mr.R.Neelakandan Government Advocate O R D E R The petitioners, who are the residents of Gopalakrishnapuram Village, Thadukkupettai Post, Thiruthani Taluk, have filed the present writ petition seeking for a direction to the respondents not to dispossess their lands in Survey No.93, (Old Survey No.86) Gopalakrishnapuram Village, except by due process of law. 2. Notice was taken by the learned Special Government Pleader, who has also filed a counter affidavit dated 21.10.2009. In the counter affidavit, it is stated that the land is a forest land and steps are taken to evict them in terms of Section 68(A) of the Tamil Nadu Forest Act, 1982 and eviction notice was also given to the petitioners. 3. Learned Special Government Pleader also brought to the notice of the Court that the order of the Supreme Court in T.N.Godavarman Vs. Union of India wherein specific directions have been given to the State of Tamil Nadu stating that no pattas with regard to any forest land shall be granted nor shall any encroachment be regularised. Such a direction was given in I.A.No.418. Therefore, counsel for the respondents/Government stated that they are bound to carry out the directions issued by the Supreme Court, as the land is a reserved land and it is not de-notified or assigned. 4. Learned counsel for the petitioners stated that they are not aware of the fact that the notice had been given to the petitioners. Therefore, this Court directed the respondents to serve copies of the notice under Section 68(A) of the Act and the same will be received by the counsel for the petitioners, who in turn, will pass on to the respective petitioners, so that, they are not deprived of such notice. Learned Special Government Pleader has handed over the copies of notices in respect of all the ten petitioners through Mr.R.N.Amarnath, learned counsel for the petitioners today .Since the petitioners are not deprived of notice, it is for them to give appropriate explanation. Learned counsel for the petitioners seek three weeks' time for filing their explanation. Until such time, the petitioners should not be removed from their existing place. 5. In the light of the above, the writ petition is dismissed with a direction to the petitioners to submit their appropriate explanation together with supporting documents to the respondents within a period of three weeks from the date of receipt https://hcservices.ecourts.gov.in/hcservices/ of a copy of this order and on such explanation being received, the respondents shall conduct proper enquiry and pass speaking order and copies of such order shall be given to the petitioners. Until such time, the status-quo will continue. In case if the petitioners do not utilise the opportunity, it is open to the respondents to take steps and pass appropriate orders in accordance with law. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar VJY To 1. The Conservator of Forest Chennai Region, Chennai-6. 2. The District Collector, Thiruvallur District, Thiruvallur. 3. The District Forest Officer, Thiruvallur District, Thiruvallur. 4. The Forest Ranger, Thiruthani, Thiruvallur District. + 1 c.c. to Mr. R.N. Amarnath, Advocate. S.R.No.68553. + 1 c.c. to The Special Government Pleader (Forests). S.R.No.68520. W.P.NO.20073 OF 2009 AND M.P.N.1 OF 2006 GR (CO) GSK 19.12.2009. https://hcservices.ecourts.gov.in/hcservices/