Madras High Court
WP/34962/2026 of Murugan @ Murgaiyan Vs The Forest Range officer on 2 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
Writ Petition No. 34962 of 2026
and
W.M.P.No. 38675 of 2026
Murugan @ Murgaiyan
..Petitioner
Vs
1. The Forest Range Officer
Removal of Land Encroachment Officer,
Tiger Reserve, Sathyamangalam,
Vilamundi Forest Range,
Sathyamangalam, Forest Division,
Sathyamangalam 638 401.
2. Subburaj
..Respondents
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Mandamus, directing the Respondent No.1 not to evict the petitioner and other who are all possession of land without proper adjudication and stay all further proceedings with respect to the notice dated 19.05.2026 via Na.Ka. No 97/2026 issued by the Respondent No 1 and pass.
For Petitioner:
Mr.M. Karunanantham
For Respondents:
Mr.G.Abraham Prabhu
Additional Government Pleader (Forest) for R1
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein claims that approximately two hectares of land, which was purchased under a valid sale deed and is in their possession, is sought to be evicted by the 1st respondent through notice dated 19.05.2026, on the allegation that the said land falls within a reserved forest area.
2. The learned Additional Government Pleader (Forest) appearing for the 1st respondent submitted that the co-owner of the writ petitioner had previously approached this Court in W.P.No.31888 of 2026, seeking the same prayer to quash the impugned notice for eviction. In that writ petition, this Court held that there was no legal infirmity in the impugned notice. However, this Court directed that the process of eviction from the forest land is to be taken up after demarcation of the patta land and the forest land, ensuring that only the forest land in the possession of the petitioner is to be recovered, besides taking action against the persons who destroyed the forest property.
3. According to the petitioner, no proper notice for eviction was served; however, the 1st respondent has arrived at the property with an armed police force to carry out the eviction.
4. The present petitioner and the petitioner in W.P.No.31888 of 2026 wherein we consider and disposed it of on 11.08.2026, claim their rights over the property through one Kembana Gouder, who purchased the property from one Angappa Mudaliyar in the year 1986. However, the exact extent of land currently in their possession is far over and above the patta land purchased by them. Literally, they have encroached upon the reserved forest land abutting their patta land. Therefore, the Forest Department has initiated action to recover the reserved forest area.
5. Since adequate protection was already granted by this Court in the earlier writ petition, no further directions are required regarding the impugned notice, except to reiterate that the 1st respondent shall recover only the reserved forest area found to be in the illegal possession of the petitioner. Such recovery shall in consonance with the field measurement sketch (FMS) and records maintained by the Revenue Department.
6. Accordingly, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 02-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl/aj To The Forest Range Officer Removal of Land Encroachment Officer, Tiger Reserve, Sathyamangalam, Vilamundi Forest Range, Sathyamangalam, Forest Division, Sathyamangalam 638 401.
DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl/aj Writ Petition No. 34962 of 2026 and W.M.P.No. 38675 of 2026 02-09-2026