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Judgment
When these matters are taken up for hearing, Ms.Kudupudi Siva Jyothi, learned Assistant Government Pleader for Forests, brought to the notice of this Court that the subject matter is already covered by the order of the Division Bench, dated 29.10.2025 passed in WP(PIL) NO.89 of 2024.
For ready reference, the order is extracted infra:
“A copy of the affidavit, dated 08.07.2025, has been handed over to learned counsel for the petitioner in the open Court.
2.According to the status report, a survey was conducted which reflected that there are as many as 219 encroachers in Sy.No.558, 266 encroachers in Sy.No.542/4 and 245 encroachers in Sy.No.218/1 in Rameswaram Reserve Forest. Notices to as many as 172 encroachers are stated to have been served out of 219 in Sy. No.558 and 200 encroachers out of 266 in Sy.No.542/4 and 50 encroachers out of 245 in Sy No.218/1.
3.Therefore, there are a large number of encroachers who are yet to be served.
4.We direct the forest authorities to take appropriate steps for service of notices on the unserved encroachers. Steps be also taken to take the matter forward in accordance with the relevant Rules after giving an adequate opportunity of being heard to the concerned noticees.
5.We would appreciate if the Forest Department on the next date of hearing gives details of its success rate in evicting those who are found to have encroached the reserve forest area. Although an argument has been made that the encroachments have been in existence for some time in the past, yet, in our opinion, it may be open to the Government to rehabilitate them at alternate sites but they cannot be permitted to remain any longer in the reserve forest area.
6.Be that as it may, the action taken report be submitted on or before the next date of hearing as ordered.
7.List on 26.11.2025."
Learned Assistant Government Pleader for Forests would further submit that the petitioners’ names and Survey Numbers are also there in the list.
At this juncture, learned counsel for the petitioners, would submit that the petitioners have already submitted their explanation and the present writ petitions may be disposed of in the same lines as ordered by the Division Bench.
Having regard to the above submissions, these Writ Petitions are disposed of, directing the Forest Authorities concerned to take appropriate decision according to the Governing Rules and Law after giving adequate opportunity of being heard to the petitioners. Till such time, the petitioners shall not be vacated forcibly.
Interim orders granted earlier if any, stand vacated.
Miscellaneous petitions pending if any, stand closed.