IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.08.2007 CORAM THE HONOURABLE MR. JUSTICE V. DHANAPALAN W.P.Nos.22501, 23286, 23334, 23694, 24028, 24195, 24196, 25328, 25332, 25472, 25511, 25512, 25513, 25514, 25578, 25892,25592, 25985, 25987, 26289 26516 of 2007 and M.P.Nos.1 and 2 in W.P.Nos.22501 and 23286 of 2007 & M.P.No.1 of 2007 in W.P.Nos.23694, 24028, 24195, 24196, 25328, 25332, 25511, 25512, 25513, 25514, 25578, 25892, 25592, 25987, 26289 and 26516 of 2007, 25472, 25985/07 GUDALUR AND PANDALUR FARMERS ASSOCIATION, REP BY ITS SECRETARY MR.JACOB JOHN(REGD NO 172/2006), 12/618, B5 MATHOMA NAGAR POST, GUDALUR 643 211, NILGIRIS DISTRICT ... Petitioner in W.P.No.22501/07 BARWOOD ESTATE NEW HOPE 643 226, THE NILGIRIS, SOUTH INDIA, REP BY ITS MANAGER, MR.A.SUKUMAR ... Petitioner in W.P.No.23286/07 M/S.RUKMINI INVESTMENTS PVT LTD., LAURISTON P.O., GUDALUR, NILGIRIS 643 211 REP. BY ITS DIRECTOR MR.S.THIAGARAJAN. ... Petitioner in W.P.No.23334/07 M/S.MANJUSHREE PLANTATIONS LTD OUCHETERLONY VALLEY, NEW HOPE POST, 643 226 GUDALUR, THE NILGIRIS. ... Petitioner in W.P.No.23694/07 1 MOHAMED IBRAHIM KOOTHRAT S/O. ALIKOTHRAT, REP BY HIS POWER OF ATTORNEY MR.K.MOHAMMED 2 RAZEYA MUHAMMED @ MAJIDA W/O. MOHAMED IBRAHIM KOOTHRAT REP.BY HIS POWER OF ATTORNEY MR.K.MOHAMMED ... Petitioner in W.P.No.24028/07 https://hcservices.ecourts.gov.in/hcservices/ S NEELAKANDAN MANAGING PARTNER, ROYAL VALLEY ESTATE, NADUVATTAM, THE NILGIRIS ... Petitioner in W.P.No.24195/07 M.P.KANDASWAMY PROPRIETOR, GREEN ACRES, DEVALA, DEVALA POST, GUDALUR TALUK, THE NILGIRIS. ... Petitioner in W.P.No.24196/07 MR.KENNATH GONSALVES, S/O. MR. A.J. GONSALVES BLACK WOOD, WESTBARY ROAD UDAGAMANDALAM ... Petitioner in W.P.No.25328/07 Mr. GEORGE JOSEPH S/O. K.V. JOSEPH KOCHIKUNNEL PLANTATIONS KOZHIPALAM, GUDALUR TALUK, NILGIRIS DISTRICT ... Petitioner in W.P.No.25332/07 1 M.GOPINATHAN 2 DHANYA GOPINATHAN 3 VANDANA GOPINATHAN 4 DEEPA GOPINATHAN ALL ARE REP BY THEIR POWER AGENT C. KURUNAKARAN NAIR S/O. AMMU AMMA, DHANALAKSHMI ESTATES KOZHIPALAM, GUDALORE THE NILGIRIS DISTRICT ... Petitioner in W.P.No.25472/07 1 P.M ZACHARIAH 2 MRS.K.A. GEORGE KUTTYAMMA PM C/O. P.M.ZACHARIAH 3 GEOGE P. MATHEW C/O. P.M.ZACHARIAH 4 ANNIE JOHN C/O. P.M.ZACHARIAH ... Petitioner in W.P.No.25511/07 1 DR. U. SULEIKHA 2 SREELEKHA SREEDHARAN 3 UDHAYABHANU SREEDHARAN 4 SREEDEVI 5 S. SREEKUMAR ... Petitioner in W.P.No.25512/07 1 DR. L. SUNDARAM 2 DR SHIVANAND 3 SASI SUNDARAM ... Petitioner in W.P.No.25513/07 https://hcservices.ecourts.gov.in/hcservices/ 1 M.P. PHILIP 2 SUSAMMA ZACHARIAH ... Petitioner in W.P.No.25514/07 MANNISSERY ABOOBAKER ... Petitioner in W.P.No.25578/07 1.DINESH LUKE 2 ELIZABETH LUKE 3 ANITA LUKE RR2 AND 3 REPRESENTED BY THEIR POWER OF ATTORNEY DINESH LUKE ... Petitioner in W.P.No.25892/07 1 MRS. SIVAGAMI RAMANATHAN 2 MRS. UNNAMALAI PALANIAPPAN 3 MRS. VISALAKSHI THANNEERMALAI REP BY HER POWER OF ATTORNEY MRS. SIVAGAMI NARAYANAN ... Petitioner in W.P.No.25592/07 1 T.NANDHAKUMAR 2 T.RAMACHANDREN 3 J.VAITHEESARA 4 J.DIVAKARAN 5 GAJALAKSHMI ... Petitioner in W.P.No.25985/07 1. K.B. SUGUMAR 2. K.B. BHUVANESWARI 3. K.B. SAMPATH 4. K.B. JAGADEESAN 5. K.C. BALAN ... Petitioner in W.P.No.25987/07 1 R.ASHOK RAJAN 2 R.LALITH ACHOTH ... Petitioner in W.P.No.26289/07 R.BALAKRISHNAN MANAGING PARTNER ROYAL VALLEY ESTATE NADUVATTAM THE NILGIRIS ... Petitioner in W.P.No.26516/07 -vs- The State of Tamil Nadu rep. By its Secretary to Govt., Revenue Department, Fort St. George, Chennai 600 009. ... FIRST RESPONDENT IN W.P.Nos.22501, 23286, 23334, 23694, 24028, 24195, 24196, 25328, 25332, 25472, 25511, 25512, 25513, 25514, 25578, 25892,25592, 25985, 25987, 26289 26516 of 2007 https://hcservices.ecourts.gov.in/hcservices/ The Collector, Nilgiris District, Collectorate, Udhagamandalam, Nilgiris. ... SECOND RESPONDENT IN W.P.Nos.22501, 23286, 23334, 24028, 24195, 24196, 25328, 25332, 25511, 25512, 25513, 25514, 25578, 25892,25592, 25985, 25987,26516 of 2007 FOURTH RESPONDENT IN W.P.23694/2007 THIRD RESPONDENT IN W.P.25472/2007, 26289/07 The Settlement Officer (Gudalur Jenmom Estates) The Collectorate of the Nilgiris, Udhagamandalam, Nilgiris Distrit ... THIRD RESPONDENT IN W.P.NOS. W.P.Nos.22501, 24028, 24195, 24196, 25328, 25332, 25511, 25512, 25513, 25514, 25578, 25892, 25985, 25987, 26516 of 2007 FOURTH RESPONDENT IN W.P.23286, 23334 AND 25592 /07 SECOND RESPONDENT IN W.P.23694/2007, 25472/2007 AND 26289/07. The Secretary to Government Forest Department (R4 impleaded as per suo motu order dt.2.8.07 by VDPJ in W.P.22501/07) 23286/2007, 23334/2007, 24028/2007, 24195/2007, 24196/2007, 25328/2007 25332/2007, 25472/2007, 25511/2007, 25512/2007, 25513/2007, 25514/2007, 25578/2007, 25592/2007, 25986 and 25987/2007 ... Fourth Respondents in W.P..22501 of 2007, 24028/2007, 24195/2007, 24196/2007, 25511, 25512/2007, 25513, 25514/2007, 25578, 25987/07 R6 in W.P.23286/2007, 23334, 25592/07. R5 in W.P.25328/2007, 25332/07 R8 in W.P.25472/2007 https://hcservices.ecourts.gov.in/hcservices/ The Commissioner and Director of Survey and settlement Chepauk, Chennai-5 ... R3 in W.P.23286/07, 23334, 25592/07. The Executive Officer O' Valley Town Panchayat New Hope- 643 226 The Nilgiris ... R5 in W.P.23286/07, 23334/07. ... R4 in W.P.25328/2007 The Director of Survey and Settlement, Chepauk, Chennai-600 005. ... R3 in W.P.23694/2007 The Executive Officer Gudalur Municipality Nilgiris District ... R4 in W.P.25332/2007 The District Forest Officer Gudalur Division, Gudalur post 643 211 Nilgiris District ... R5 in W.P.23694/ 2007 ... R7 in W.P.25472/2007, W.P.26289/2007 The Executive Officer Gudalur III Grade Municipality Gudalur, The Nilgiris District ... R6 in W.P.25472/2007 W.P.26289/2007 The Revenue Divisional Officer Gudalur, The Nilgiris District ... R4 in W.P.25472/2007, 26289/2007 The Tahsildar Gudalur, The Nilgiris District ... R5 in W.P.25472/2007, 26289/2007 The Executive Officer Pandalur Town Panchayat Nelliyalam The Nilgiris ... R5 in W.P.25592/2007 Writ Petition presented to this Court under Article 226 of the Constitution of India to issue a writ of Mandamus forbearing the respondents, their subordinates and servants from interfering in any manner with the possession and enjoyment of the lands of the members of the Petitioner Association, till the disposal of the applications made by the Member, as per annexure of the Petitioner Association pursuant to the orders of the Hon'ble Supreme Court dated 18.08.1999 made in Civil Appeal Nos.368-372, and 374-375 of 1977 and I.A.No.24- https://hcservices.ecourts.gov.in/hcservices/ 32 in C.A.Nos.367-375 of 1977 and without giving an opportunity to the members of the Petitioner Association in W.P.22501 of 2007. 2. Lands of Petitioner estate as set out hereunder Barwood Estate, in S.Nos. R.S. 13/1 to 10,13/11A1, 13/12, 13/13. O' valley village in extent of 319.5 acres till the disposal of the application submitted by the petitioner after giving an opportunity to the petitioner and forwarded by the 3rd Respondent to the 4th respondent vide letter L.DIS (G2) 5307/2001 dt.6.7.2001 and thereby (in WP 23286/2007), 3. Lands of Petitioner estate as set out hereunder Balmadies Estate, in S.Nos. R.S. 2/1, to 4, 3/1,3/2,3/3,3/4,3/5 in O' Valley Village in extent of 422.77 acres till the disposal of the applications made by the petitioner pursuant to the orders of the Hon'ble Supreme Court dt.18.8.1999 made in Civil Appeal Nos.368-372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos.367- 375 of 1977 and after giving an opportunity to the petitioner (in WP 23334/2007) 4. To direct the 2nd 2nd respondent settlement officer to consider the application dated 30.10.1999 for ryotwari patta filed by the petitioner and to determine their claims in accordance with the provisions of Section 12 of Janmam Act 1969 expeditiously( in WP.23694/07) 5. lands of the petitioners, as set out hereunder, Extent 1 MOHAMED S.No.R.S.96/2 DEVALA 0.5 CENTS IBRAHIM KOTHRAT Village 2 RAZEYA MOHAMED R.S.96/2, DEVALA 4.64 ACRES 96/3 Village 3 RAZEYA MOHAMED R.S.96/4 DEVALA 4.63 ACRES Village 4 MOHAMED IBRAHIM R.S.96/1, DEVALA 9.28 ACRES KOOTHRAT 96/2 Village 5 MOHAMED IBRAHIM R.S.96/2 DEVALA 0.45 CENTS KOOTHRAT PART Village 6 MOHAMED IBRAHIM R.S.95/1 DEVALA 2.00 ACRES KOOTHRAT Village 7 MOHAMED IBRAHIM R.S.96/2 DEVALA 0.05 ACRES KOOTHRAT Village the disposal of the applications of the petitioners pursuant to the orders of the Hon'ble Supreme Court dt 18.8.1999 made in Civil Appeal Nos.368-372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos.367- 375 of 1977 and without giving an opportunity to the petitioners (in WP.24028/2007) 6. lands of petitioner till the disposal of the application https://hcservices.ecourts.gov.in/hcservices/ dated 28.6.2007 made by the petitioner for grant of Ryotwari Patta to the 3rd respondent pursuant to the orders of the Hon'ble Supreme Court dated 18.8.1999 made in Civil Appeal Nos 368-372 374& 375 of 1977 in I.A No. 24-32 in CA Nos.367-375 of 1977 and without giving an opportunity to the petitioners. Schedule An extent of 229.59 acres Agricultural lands in O.S.Nos.1/1. 1/2. 1/3. 1/4. 1/5. 1/6, 1/7. 1/8, (46/B1 A1, A2 and 46/1A, 1A 2A) relating to R.S.Nos.474, 475/1, 2, 3, 4, 5, and 6, 476, 477, 478, 479, 480 of O' valley Village, Gudalur Taluk, Nilgiris (in WP.24195/2007) 7. Lands of petitioner till the disposal of the application dated 28.6.2007 made by the petitioner for grant of Ryotwari Patta to the respondents pursuant to the orders of the Hon'ble Supreme Court dated 18.8.1999 made in Civil Appeal Nos 368-372 374& 375 of 1977 in I.A No. 24 -32 in CA Nos.367-375 of 1977 and without giving an opportunity to the petitioner. Schedule:- An Extent of 34.39 acres of agricultural Land in R.S.No.418, 427, 428, 429, 431, 432, 433 of Devala Village, Gudalur Taluk, The Nilgiris District (W.P.NO.24196/2007). 8. the lands of the petitioner comprised in S.NO.33, O'Vally Village, Gudalore Taluk., Nilgris District to an extend of 609.54 acres till the disposal of the application of the petitioner dated 6.11.01 made by the petitioner to the 3rd respondent to grant ryotwari patta under Section 9 of Act 24/69 pursuant to the order of the Hon'ble Supreme Court, dated 18.8.1999 made in Civil Appeal Nos.368-372 and 374-375 of 1977 and I.A.Nos.24-32 in C.A.Nos. 367-375 of 1977 and after giving adequate opportunity (in WP.No.25328/2007) 9.The lands of the petitioner comprised in various S.Nos. Enclosed in the list here with in Kochikunnel Plantations, to a total extend of 73.14 acres in Padanthorai Village, of Gudalur Taluk, Nilgiris District till the disposal of the application of the petitioners predecessors in title's application dated 5.9.1981 and the application of the petitioner herein dated 27.4.1988 to the 3rd respondent to grant ryotwari patta under section 9 of Act 24/69 pursuant to the order of the Hon'ble Supreme Court, dated 18.8.1999 made in Civil Appeal Nos.368-372 and 374-375 of 1977 and I.A.Nos.24- 32 in C.A.Nos.367-375 of 1977 and after giving adequate opportunity (in WP.25332/2007) 10. forbearing the Respondents from dispossessing or interfering or disturbing the petitioners possession and cultivation of their lease-hold lands bearing R.S.Nos.1154 & 1159/2, 3, 4, & 5 in Gudalur Village, the Nilgirs measuring 244.80 acres bounded on the North by Grace Hill Factory Road, South by pandiar poonambalur River, East by the lands belonging to Sai Estates, and West by the lands belonging to the coffee Board in any manner till the disposal of the Application for grant of Ryotwari Patta for those lands filed under the Gudalur Janmom Estate (Abolition and Conversion into Ryotwari) Act, 1969 by the 2nd Respondent (in WP.25472/07) https://hcservices.ecourts.gov.in/hcservices/ 11. the lands of the Petitioners, as set out hereunder, 1 P.M.ZACHARIAH S.NO..1268/16,15,18 GUDALUR 1.80 acres / EXTENT VILLAGE 2 K.A.GEORGE S.No.1269/2 pt,3 pt GUDALUR 10.96 acres / EXTENT VillAGE 3 GEORGE P MATHEW S.NO.1269/3 pt GUDALUR 5.50 acres / EXTENT Village 4 ANNIE JOHN S.No. 1269/2 GUDALUR 8.70 acres/ EXTENT Village till the disposal of the applications of the Petitioners pursuant to the orders of the Hon'ble supreme Court dated 18.08.1999 made in Civil Appeal Nos.368-372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos.367-375 of 1977, and without giving an opportunity to the Petitioners ( in WP No. 25511/07) 12. The lands of the Petitioners, as set out hereunder 1.DR.U.SULEIKHA 115/1,2 CHERUMULLI 12.5 acres extent VILLAGE 2 SREELEKHA SREEDHARAN 115/1,2 CHERUMULLI 12.5 acres extent VILLAGE 3 UDHAYABANU SREEDHARAN 115/1,2 CHERUMULLI 12.5 acres extent VILLAGE 4 SREEDEVI 115/1,2 CHERUMULLI 12.5 acres extent VILLAGE 5 S.SREEKUMAR 115/1,2 CHERUMULLI 12.5 acres extent VILLAGE till the disposal of the applications of the Petitioners pursuant to the orders of the Hon'ble supreme Court dated 18.08.1999 made in Civil Appeal Nos.368-372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos.367-375 of 1977, and without giving an opportunity to the Petitioners ( in WP No. 25512/07) 13.the lands of the Petitioners, as set out hereunder, Sl.Nos. 1 DR.L.SUNDARAM 1195 GUDALUR 4.92 acres EXTENT 2 DR SHIVANAND 1195 GUDALUR 4.92 acres EXTENT 3 SASI SUNDARAM 1195 GUDALUR 4.92 acres EXTENT till the disposal of the applications of the Petitioners pursuant to the orders of the Hon'ble supreme Court dated 18.08.1999 made in Civil Appeal Nos.368-372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos.367-375 of 1977, and without giving an opportunity to the Petitioners ( in WP No. 25513/07) 14.The lands of the Petitioners, as set out hereunder, S.Nos. 1 M.P.PHILIP 1194 GUDALUR Village 11.09 acres EXTENT 2 SUSAMMA ZACHARIAH 1194 GUDALUR Village 3.00 acres EXTENT https://hcservices.ecourts.gov.in/hcservices/ till the disposal of the applications of the Petitioners pursuant to the orders of the Hon'ble supreme Court dated 18.08.1999 made in Civil Appeal Nos.368-372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos.367-375 of 1977, and without giving an opportunity to the Petitioners ( in WP No. 25514/07) 15.the lands of the petitioner, as set out hereunder, Sl.Nos.1 Mannissery Aboobaker 396/1,396/3,397 pt.,GUDALUR village 17.00 acres extent till the disposal of the applications of the petitioner pursuant to the orders of the Hon'ble Supreme Court dated 18.8.1999 made in Civil Appeal Nos.368-372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos.367-375 of 1977, and without giving an opportunity to the petitioner. (in WP 25578/07) 16.the lands of the petitioners as set out hereunder, S.Nos. 1. E.Luke 200/17, 195/3, 404/1A, 195/2A, 1C, 1A3, 1D Gudalur village 21.77 acres extent 2. Elizabeth Luke 195/2A, 195/1A2,1A3 Gudalur 11.96 acres extent 3. Sosamma Samuel 195/3, 200/17 Gudalur 8.63 acres extent till the disposal of the applications of the petitioners pursuant to the orders of the Hon'ble Supreme Court dated 18.8.1999 made in Civil Appeal Nos.368-372 & 374-375 of 1977 and I.A.Nos.24-32 in CA Nos.367- 375 of 1977, and without giving an opportunity to the petitioner (IN WP.No.25892/2007) 17. the lands of the Petitioner Estate comprised in R.S No. 466, 467 and 470 of Devala Village, Gudalur Taluk, Udagamandalam Taluk, Nilgiris District till the disposal of the applications submitted by the petitioners on 20.5.2004 before the 3rd respondent, after giving them an opportunity. (W.P.No.25592 of 2007) 18.The lands of the petitioners, as set out hereunder,S.Nos. 1. T.NANDHAKUMAR, 128/14, 131/3,132, CHERUMULLI Village 36.35 acres Extent. 2. T.RAMACHANDREN, 131/3, 128/2,128/7, CHERUMULLI Village 7.58 acres Extent 3. J.VAITHEESARAN, 128/14 pt, CHERUMULLI Village, 7.65 acres Extent 4. J.DIVAKARAN, 128/14, 128/2, CHERUMULLI Village 7.25 acres Extent 5. GAJALAKSHMI, 128/14 pt, CHERUMULLI Village 7.50 acres Extent. till the disposal of the applications of the petitioners pursuant to the orders of the Hon'ble Supreme Court dated 18.8.1999 made in Civil Appeal Nos.368-372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos.367- 375 of 1977 and without giving an opportunity to the petitioners (in WP.25985/07) 19. the lands of the Petitioner as set our hereunder in S.Nos. 1 K.B. Sugumar- 255- Nelliyalam - 10.00 acres extent 2. K.B. Sampath- 255- Nelliyalam- 11-00 acres extent 3. K.B. Bhuvaneswari- 253- Nelliyalam-10.79 acres extent 4. K.B. Jagadeesan- 253, 251, Nelliyalam- 10.25 acres extent https://hcservices.ecourts.gov.in/hcservices/ 5. K.C. Balan- 255- Nelliyalam- 5.56 acres extent till the disposal of the application of the petitioners pursuant to the order of the Hon'ble Supreme Court dated 18.8.1999 made in Civil Appeal Nos.368- 372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos.367- 375 of 1977 and without giving an opportunity to the petitioners (W.P.25987 of 2007) 20. Writ of mandamus forbearing the respondents from dispossesing or interfering or disturbing the petitioners possession and cultivation of their lease-hold lands bearing (Old S.No.70/6B ( R.S.Nos.387, 390/2, 391/1, 391/4, 391/5, 392/1, 392/2, 392/5, 392/6, 392/7 and 392/8 in Gudalur Village, measuring 24.41 acres and bounded on the North and South by Gudalur Sulthan Battery Road and East and West by paddy field in any manner till the disposal of their Applications, including the Application dated. 30.10.1999 for grant of Ryotwari Patta for those lands filed under the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969, by the 2nd Respondent (in WP.26289/2007) 22. writ of mandamus Forbearing the Respondents their subordinates and servants from interfering in any manner with the possession and enjoyment of lands of petitioner till the disposal of the application dated 28.6.2007 made by the petitioner for grant of Ryotwari Patta to the 3rd respondent pursuant to the orders of the Hon'ble Supreme Court dated 18.8.1999 made in Civil Appeal Nos.368- 372 & 374-375 of 1977 and I.A.No.24-32 in CA Nos. 367-375 of 1977 and without giving on opportunity to the petitioner. SCHEDULE:- An extent of 229.59 acres of Agricultural Lands in O.S.Nos.1/1, 1/2, 1/3, 1/4, 1/5, 1/6, 1/7, 1/8/ 46/B1, A1, A2 and 46/1A 1A 2A) for relating to R.S.Nos.474, 475/1,2,3,4,5, and 6, 476, 477, 478, 479, 480 of O' Valley village, Gudalur Taluk, Nilgiris. (in WP.26516/07) R.Muthukumaraswamy, SC and M/s T.S.Gopalan & Co. Advocate for petitioner W.P.No.22501, 23286, 23334, 24028, 25511, 25512, 25513, 25514, 25578, 25892, 25985, 25987/07 Mr.A.Prabhakaran, E. Maharajan Advocate for Petitioner : Petitioner in W.P.23694/2007 M/s. K.A. Ramakrishnan and S. Sukumar : Petitioner in W.P.24195, 24196 and 26516/2007 Mrs.Nalini Chidambaram, SC and Mr.Silambannan, SC , for M/s Silambannan Associates , :Petitioner in:W.P.25328/2007, 25332/2007 Mr.T.P. Manoharan, Petitioner in W.P.25472/2007 and 26289/2007 https://hcservices.ecourts.gov.in/hcservices/ M/s. G.R.M. Palaniappan, S. Muthu Venkatraman : Petitioner in W.P.25592/2007. For respondents in all Wps : Mr.P.S.Raman, Addl.Advocate General assisted by Mr.A.Edwin Prabhakar,AGP for State Government and assisted by Mr.S.N.Kirubanandam,SGP for Forest department. C O M M O N O R D E R An association by name Gudalur and Pandalur Farmers Association represented by its Secretary and individual lessees of the Estate concerned have filed these writ petitions praying for a mandamus seeking to direct the respondents from interfering in any manner with the possession and enjoyment of the lands of the petitioners till the disposal of the applications of the petitioners pursuant to the orders of the Hon'ble Supreme Court dated 18.08.1999 made in Civil Appeal Nos.368-372 and 374-375 of 1977 and I.A.No.24-32 in C.A.Nos.367-375 of 1977 and without giving an opportunity to the petitioners. 2. All the petitioners have a common grievance and the facts and circumstances set out by them are also common. The relief sought for by the petitioners are identical. Therefore, all the petitions have been taken up and a common order is passed. 3. The brief facts leading to these cases are as follows:- The petitioners are the farmers engaged in cultivation of land in the properties as set out in the annexure of the respective writ petitions. Their parents had purchased the properties through various sale deeds and the extend of lands have been indicated in every petition. All kinds of agricultural crops including tea, coffee, cardamon, pepper, ginger etc. are grown in the said lands. The lands are used for agricultural purposes and there are dwelling houses in the said properties. Most of them are medium farmers doing the cultivation and they are in continuous possession of lands and have access also. The Government is responsible for the enforcement and implementation of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (hereinafter referred to as "The Janmam Act") and the Secretary of the Revenue Department is the authority to control and enforce the lands. The third respondent is the officer appointed by the Government under section 5 of the Janmam Act to carry out the functions assigned to him under the Act. His main function is to consider the applications for the grant of ryotwari patta under the Act. Some of the petitioners have also made an application and some of them are yet to make applications. The Director of Survey and Settlement is an authority who guides and assess the work of the settlement officer and directs action that is to to be taken by the authorities in respect of the petitioners lands. Earlier in some writ petitions, the provisions of the Act https://hcservices.ecourts.gov.in/hcservices/ were challenged in the year 1970. This Court, in its common Judgment in W.P.Nos.64, 117 to 121, 185, 186 and 200 of 1970 dated 26.10.1970 dismissed the writ petitions upholding the validity of the said Act. Aggrieved by the said order passed by this Court, certain petitioners have filed Civil Appeals and the Hon'ble Supreme Court in a common Judgment on 19.04.1972 also upheld the validity of the said Act except the provisions of Section 3 in so far as it vested forest land in the Janmam Estate in the State of Tamil Nadu. In 1974, a Constitution Amendment Act was passed and the said Act was inserted in the IX schedule of the Constitution of India by the 34th Constitution Amendment Act. Thereafter the said Act was brought into force with effect from 27.11.1974 and the entire Janmam Estate vested with the State of Tamil Nadu. The said Act was again challenged in this Court by the Janmies and lessees in W.P.Nos.4836/74. 2307/75, 4769 to 4774/75, 693/75 and 90 of 1975. All the writ petitions were disposed of by a common Judgment dated 26.09.1976. While settlement proceedings were under process, 11 major estates to whom lands were leased out by the Janmies for raising plantation crops by means of long term lease deeds took up the matter before the Hon'ble Supreme Court in 1976 and 1977 against implementation of the said Act. The Hon'ble Supreme Court in its interim Judgment in CMP Nos.1229 to 1237 of 1977 in C.A.Nos.367 to 375 of 1977 dated 23.08.1978 had ordered interim stay with certain conditions. The said stay was in force till 1999. In which 9 out of 11 major estates sought to withdraw their petitions from the Hon'ble Supreme Court and finally the Hon'ble Supreme Court allowed the withdrawal and in its order in Writ Petition (C) No.199 of 1998 dated 18.08.1999 and C.A.Nos.367 & 373 of 1977 dated 07.09.1999 disposed of the Civil Appeals stating that on an application by the counsel for the appellants, the Civil Appeals were dismissed. It is also further held that the applicants shall be entitled to challenge by appropriate proceedings an order passed by the State Government against them either on their application under section 9 or under section 17 of the said Act that such an order shall not be executed against them for a period of twelve weeks to enable them to challenge the same. 4. After the order passed by the Hon'ble Supreme Court, these petitioners made applications and some of them have taken steps to get the order enforced. However, the petitioners steps to get the ryotwari patta under Section 9 and in some cases under section 17 of the Act are under consideration. When that being the position, the respondents have put up a notice board in respect of all petitioners and issued notices to some of the petitioners threatening to evict them from their respective lands and therefore the petitioners have moved these petitions before this Court seeking the relief as stated supra. 5. The respondents have filed a common counter in all these petitions. The counter of the respondents has traced the history of the Janmam lands. It is submitted in the counter that with a view to bring Janmam lands under Ryotwari tenure like other similar Ryotwari lands, the Government took a policy decision and enacted the Tamil Nadu Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 and accordingly all these 80,088 acres of lands were https://hcservices.ecourts.gov.in/hcservices/ brought under the control of the Government. The said Act came into force on 27.11.1974 vide notification published in G.O.Ms.No.587, C.T.& R.E. Department dated 18.11.1974. An Assistant Settlement Officer was appointed under the said Act and statutory enquiry was taken up and Settlement process was completed under various sections of the said Act for an extent of 28,087.03 acres. Remaining 52,000 acres of lands fall under section 17 of the said Act. The Janmies created lease in the Janmam Lands before the appointed day that is 27.11.1974 for the purpose of cultivation of plantation crops. The period of lease was 12,24,36, 48 and 96 years, as the case may be, as mentioned in the lease deed. The Janmi has also been collecting lease amount ranging from 25 paise to 10 rupees per acre per year and imposed certain conditions while creating lease deeds. There were 11 major and 82 smaller estates having land on lease falling under section 17 of the said Act and 143 lease documents were executed and some of the lessees had more than one plantation lease document. Further, the respondents submitted that the said Act was challenged in the year 1970 by way