SRIDEVANW.P.No.22984/2006 & M.P.No.1/2006 Bhannari Mariamman Women Self Help GroupRepresented by its Co-ordinatorMrs.Rukmani v. The District Forest Officer

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED 08.08.2006CORAMTHE HONOURABLE MRS. JUSTICE PRABHA SRIDEVANW.P.No.22984/2006 & M.P.No.1/2006Bhannari Mariamman Women Self Help GroupRepresented by its Co-ordinatorMrs.Rukmani... Petitioner Vs1.The District Forest Officer, Sathyamangalam Division, Erode District.2.The Member Secretary cum Forest Ranger Kalidimbam Village Forest Council, Bhavani Sagar Forest Range, Bhavani Sagar, Erode District.3.The President, Ittarai, Timbam Post, Bhavani Sagar Forest Circle, Bhavani Sagar, Erode District... RespondentsWrit petition filed under Article 226 of the Constitution ofIndia praying for issuance of a writ of mandamus directing therespondents 1 and 2 to issue necessary permit in favour of thepetitioner for cutting and carying forest grass both dry and freshgrass, amla and kadukkai.For Petitioner:Mr.M.M.SundreshFor Respondents:Mr.Titus JesudossSpl. GP (Forests)ORDEROn the last hearing, the learned counsel for the petitioner hadmade his submissions and had also requested that an order may bepassed similar to the order passed in W.P.No.27741/2005 which aroseout of a similar issue. The petitioner is a Women Self Help Groupcomprising of Scheduled Tribe women who solely depend upon the minorforest products. The State Government in order to help the Scheduled https://hcservices.ecourts.gov.in/hcservices/ Tribe women, created the Village Forest Council and gave the right tosell and control the minor forest products to such councils inG.O.Ms.No.79 Environment and Forest Department dated 29.4.2003. Thelease was granted in favour of the petitioner to sell the minorforest products at the fair price fixed by the respondents. Thepetitioner sought for extension of the permit. Accordingly, thelease was extended by the 3rd respondent but the 2nd respondent hasnot permitted the petitioner to carry and transport the minor forestproducts and therefore, this writ petition has been filed.2. In G.O.Ms.No.79 Environment and Forest Department dated29.4.2003, the public auction was abolished and it was decided thatthe right to collect minor forest produce free of cost to the womenSelf Help Group and other Swarna Jayanthi Grama Sarojdhar Yojana at areasonable price through the Forest Council. However, the ForestCouncils were formed and the respective Forest Rangers were appointedas Member Secretaries to the above Councils. The minor forestproducts which the petitioner collect, include grass, amla, kadukkaietc. According to them, the payment fixed by the respondents hasbeen duly paid by the petitioner and inspite the extension of thelease period in their favour, the 2nd respondent is not grantingpermit.3. Mr. Titus Jesudoss, learned Special Government Pleader, hasproduced the relevant Government Orders and guidelines. InG.O.Ms.No.343 Environment and Forests (FR.VI) Department dated8.8.97, the Principal Chief Conservator of Forests is directed totake action to constitute Village Forest Council in every programmevillage as per the approved Memorandum of Understanding. TheMemorandum of Understanding is entered into between the ForestDepartment and the Village Forest Council. The objectives inter-aliaare:".....iii) To involve local people through Village ForestCouncil (VFC) in planning, planting, protection,harvesting, managing and benefit sharing inmanagement unit with focus on degraded forests.....vii) To ensure flow of employment generation andbenefits to local people living in the managementunit."4. The responsibility and role of Forest Department as per thisGovernment Order are:"i) To utilize the co-operation of Non-Governmental https://hcservices.ecourts.gov.in/hcservices/ Organisation (NGOs) and the local community to thebest advantage in involving an effective Joint ForestManagement (JFM) technique in the management unit(programme village/villages)."5. The 2nd respondent will prepare the Micro plan with the adviceof the 3rd respondent Council and get the approval from the firstrespondent and the required funds will be released accordingly. Itis the 1st respondent who has the power to exercise disciplinarycontrol over the 2nd respondent and the 1st respondent will frequentlyinspect the work executed by the 2nd respondent. The responsibilitiesand role of the various Councils is also spelt out in this Governmentorder.6. The Government has also issued G.O.Ms.No.342 Environment andForests (FR.VI) Department dated 8.8.97 laying down the guidelinesfor implementation of the Joint Forest Management in Tamil Nadu. Itis seen from this that the 3rd respondent has been formed for fullyinvolving the local people in the planning and execution of works,protection, harvesting and benefits sharing in the management unit.In fact, the Council can, for a such members, one male member and onefemale member from each household if they are willing. This showsthat the purpose of the scheme is to involve fully the local citizensin various management. The role of the Member Secretary as spelt outin Clauses 4.6, 4.7 and 4.8 appears more to be focussed on theeconomic and financial aspect of the Council. There does not seem tobe anything mentioned in these two Government orders delineating thepower of the 2nd respondent. If the 2nd respondent has some reason todecline the issuance of permit, he shall give reasons for the sameand pass an order otherwise it appears that being subordinate to the1st respondent he cannot act contrary to the decisions of the 1strespondent or frustrate the benefit which the petitioner is entitledto by granting extension of lease by the 1st respondent by refusing toissue permits.7. It is clear from the objectives of the implementation of thescheme that the Government intends the women of a deprived group ofthe local population to get the benefit by harvesting minor forestproduce. This special provision have been made only to benefit thewomen of the Scheduled Tribe. This aspect of the matter shall alsobe borne in mind by the respondents. The scheme has as its goal thetotal participation of the local citizens so that the natural wealthof the forest is not depleted or destroyed in any manner. All thatthe women are allowed to harvest by the lease is dry grass, kadukkaietc. If the petitioner act contrary to the terms for which the leaseis granted or if under the guise of obtaining permit in favour of thepetitioner others are misusing the permit, it is always open to the1st respondent to take action. But once, the 1st respondent hasgranted lease, the 2nd respondent, unless it is for a valid reason https://hcservices.ecourts.gov.in/hcservices/ given, cannot deny permit to transfer and move the minor forestproducts that they have harvested.8. In these circumstances, the writ petition is disposed of asfollows:"The respondents 1 and 2 are directed tostrictly implement the G.O.Ms.No.79, EnvironmentForest (Forest 14) Department dated 29.4.2003 and incase, in contravention of the said GO, any producesof the forest are sold or there is any proposal tosell the same, the same can be stopped forthwith.Respondents 1 and 2 shall also bear in mind theobject and purpose for which these guidelines havebeen issued and the scheme has been framed. The 2ndrespondent shall issue the permit to the petitionerso that they can derive the benefit of the leasegranted by the 1st respondent to the petitioner,unless he can make out reasons for denying it"No costs. Consequently, connected miscellaneous petition isclosed.Sd/Asst.Registrar/true copy/Sub Asst.RegistrarapTo1.The District Forest Officer, Sathyamangalam Division, Erode District.2.The Member Secretary cum Forest Ranger Bejalletti Village Forest Council, Bhavani Sagar Forest Range, Bhavani Sagar, Erode District.3.The President, Ittarai, Timbam Post, Bhavani Sagar Forest Circle, Bhavani Sagar, Erode District.+1cc to Mr.M.M.Sundresh, Advocate Sr 35472+1cc to Spl.Govt. Pleader Sr 35283NA (CO)km/23.8.W.P.No.22984/2006