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The petitioner as a Power of Attorney of one Mrs.RS.Padma, filed this petition seeking to quash G.O.Ms.No.62 Environment and Forests [FR14] dated 09.06.2016 published in the State Gazette No.36 dated 07.09.2016 issued by the first respondent in respect of the property situated in S.No.644/12, Pamban Village, Rameswaram Taluk, Ramanathapuram District.

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2.The contention of the petitioner is that the property situated in S.No.644/12 at Pamban Village, Rameswaram Taluk to an extent of 3.65.0 hectares originally belong to petitioner's father, namely, Mr.Raja Shanmugarajeshwara Sethupathi @ Naganatha Sethupathy. The questioned property as well as some adjacent properties in S.Nos.688, 689, 710/2, 711, 712 were released to petitioner's mother R.S.Samathamani Nachiyar by a registered document in Doc.No.2649/1949 dated 06.09.1949. In the year 1989, the petitioner's mother executed a Will in petitioner's favour and her nephew by a registered document in Doc.No.51/1989 dated 15.02.1989. Thereafter, the petitioner's mother approached the authorities to get patta for the above said lands, gave representation on 23.01.1991 and the 5th respondent recommended the same to the 4th respondent vide his proceedings in Na.Ka.No.A6/1496/92 dated 15.07.1992 to issue patta. But the same was kept pending for several years. In the meanwhile, the petitioner's mother died in the year 1993. The revenue documents, namely, 10(1) register, SLR patta reflects the name of petitioner's mother till date. Later, the petitioner came to know that the property in S.No.644/12 is recorded in Taluk Office records as “Forest Department Land”. Hence, the petitioner applied to the authorities concerned to get patta in her name. This https://www.mhc.tn.gov.in/judis being so, to her shock and surprise the petitioner came to know that the property was declared as Reserve Forest and the impugned gazette notification issued. Therefore, the petitioner challenged the same by stating that the gazette notification issued is without following the procedures contemplated under Section 4 of the Tamil Nadu Forest Act, 1882 [hereinafter referred to as “the Act”].

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9.Considering the submissions made and on perusal of the materials placed on record, it is seen that as early as 13.01.1961 G.O.Ms.No.202 Revenue Department was issued wherein sanction is accorded to transfer of land measuring an extent of 200 acres 24 cents in Thangachimadam Village, Ramanathapuram District to the forest Department, in which S.No.644/12 forms part of the transferred land. After transfer of the lands, the Forest Department were planting trees to avoid soil erosion both by air and water. Rameswaram is an island precariously situated very near to Srilanka and the ecology in Gulf of Mannar where endangered species are available to be protected. To stop deforestation, this exercise is necessary. Hence, as early as in the year 1979, 10.50 acres of lands in S.No.644/2 was transferred to National Highways Department for improvement of Pamban-Rameswaram National Highways since it is required for the national purpose. The District Forest Officer, Ramnad cum Sivagangagi District handed over these lands to Junior Engineer, National Highways, Rameswaram. The District Collector, Rameswaram by his communication dated 23.01.2015 informed that after issuance of Section 4 Notification, the District Revenue Officer on 07.01.2015 along with Tahsildar, Deputy Tahsildar, Surveyor and Village Administrative Officer conducted a joint physical inspection in S.Nos. https://www.mhc.tn.gov.in/judis 644/1, 2, 5, 6, 7, 8, 9, 10, 11, 12 & 13, S.Nos.656/2, 3, 4, 5, 7 & 9. The Notification under Section 4 have been complied with and the inspection report of the District Revenue Officer reflects the occupiers in the land which are to be removed.

10.The Tahsildar, Rameswaram written a letter to the Sub-Registrar, Rameswaram on 05.04.2017 informing that no sale deed to be registered and no patta to be transferred with regard to the lands in S.No.644/12. The Government informed the District Forest Officer, who in turn informed the Tahsildar, Rameswaram on 09.05.2017 about the encroachments in S.No. 644/12. Further, he also referred to the persons claiming right over the property using forged documents, the lands are valued several crores and to misappropriate the property, all means are being followed. The 10(1) patta is a temporary one which is subject to verification and confirmation by the revenue authorities. In this case, the issuance of patta was found to be not proper. It is seen from the forest records and documents produced by the Department right from 1961, the acquisition proceedings were initiated and had taken almost 50 to 55 years for the Forest Department to travel this extent of completing the Section 4 procedure. If the petitioner or any https://www.mhc.tn.gov.in/judis occupier get aggrieved, they have to approach the Forest Settlement Officer, produce the relevant documents and to assert their right over the land. Thereafter, on considering the representation and the materials produced, the Forest Settlement Officer can take a decision. Further, there is an appeal provision available, wherein appeal can be filed against the order of the Forest Settlement Officer and till the time of proclamation, the petitioner or any person who were aggrieved can approach the appropriate authorities. There are clear procedures contemplated under the Tamil Nadu Forest Act. Without following the procedures contemplated and approaching the authorities concerned, the petitioner filed this writ petition which cannot be entertained. If the petitioner feels that there is merits in her contention, it is for the petitioner to approach the appropriate authorities for redressal of her grievances.