REFUGEES IN THEIR OWN LAND

REFUGEES IN THEIR OWN LAND

A CASE STUDY OF MOUNDADAN CHETTIES AND OTHER COMMUNITIES RESIDING IN THE MUDUMALAI WILDLIFE SANCTUARY OF NILGIRI BIOSPHERE.

By. C. R. Krishnan

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            Forest landscape in the Gudalur sub-region of Nilgiris Biosphere Reserve has undergone significant managerial transformation since the establishment of a separate Forest Department in the then Madras Presidency in the year 1856.  Though the Forest Department’s attempts to acquire control over large tracts of Forests in the Madras Presidency has always been contested in official forum at the earliest as from 1871itself, the situation in Gudalur failed to evoke any detailed discussion pertaining to the communal rights and privileges of people living within the forest lands in the neighborhoods of Gudalur.

            Gudalur among other clusters of Forest enclaves, is also well known for the Mudumalai and Benne sectors which now form part of a National park/sanctuary.  When the Madras Government initially leased out Mudumalai (46,000 acres) from Nilambur Jenmam in 1857, the intention was mainly to utilize the timber (esp. teak).  The timber meant for export to Europe as well as for the Railways within the country enormously accelerated the commercialization of forests by the Government throughout the country.  Mudumalai was not exception to this.  Added to, it was the timber exploited from Benne tracts for the buildings and the establishment of the military base at Wellington.

            The Madras Forest Act of 1882 prohibited people’s access to their foraging territories within the Forest habitats.  The Act did not specify and define the customary rights of the people.  Settlement of rights was left to the discretion of the so called forest settlement officials.  A period of three months only was given to the inhabitants of notified reserved forests to put forward their claims to the officials.  People-groups such as Moundadan Chetties or Bettu Kurumbas or Kattunaikas or Panias were not even aware of the promulgation of such rules and prohibitions.  It has had its own repercussions and consequences.

            Added to the above, was the mushrooming of colonization in Gudalur, of people from areas other than Gudalur.  Apart from Mudumalai and Benne forest reserves by a quirk of history large tracts of Gudalur continued to be under the propertiary control of Nilambur Jenmi, the legal claims and contests that ensued since the 1950’s and still unresolved have also resulted in unsettling effects among the indigenous people of Gudalur.

            As noted above, how and when the Mudumalai and Benne tracts of forests came under the jurisdiction of Nilambur Jenmi is to be recalled here.  The Gudalur sector of the Nilgiris originally formed part of the larger Waynad territory extending into Coorg and Malabar.  The Kadambas and later the Gangas were ruling over the territory until the close of the tenth century A.D. (Gazetteer of the Nilgiris, Francis W. 1908, P. 91) According to Rev. Philip Mulley, a recent time historian (The Nilgiris 2001 P. 95) an 8^th century AD cropper plate granted by Ganga emperor Sri Purusha mention Gudalur and environs as containing land fit for cultivation of rice and grains, garden lands and forest lands fit for the cultivation of drugs or pepper and as including fourteen villages, whatever happened to this considerably important region is not clearly known.  Rev. Mulley adds that the Moundadan Chetties however have a vague recollection of an epidemic razing the habitation to destructions.  Eventually after the disintegration of Ganga rule, Wayanad territory gradually got spilt into petty principalities.  The area comprising Wayanad including Gudalur and Kottayam farther west on the Kannanur coast became part of Puraikizhanad.  Purikizhanad is also referred to in the Thirunelli plate of Bhaskara Ravi Varma (about 1000 A.D.) The area came to be administered by Kottayam Raja.  One branch of the Kottayam royal family was the famous Pazhassi raja who heroically fought the British colonial powers in the later part of 19^th centaury (Page 231, History of Kerala Dr. Leela Devi, Kottayam 1986).

            During those times, temples with defined territories and called ‘sanketam’ were more or less acting as autonomous administrative divisions (Page 270, A. History of Kerala K.V.Krishna Ayyar, Coimbatore 1968).  One such temple was Nambolakottai in Gudalur.  It was originally under a Valunnur under the jurisdiction of Kottayam raja.  Hyder Ali of Mysore defeated the Nair Chiefs (including Kottayam Raja) of Malabar at the Tamarasary battle in 1773.  The British attacked Hyder Ali in 1783 and concluded a treaty with him, after which these territories came under the overall control of Zamorin of Calicut.  Gudalur at that time became Nilambur Koviligam (temple territory), Thirumelpad of Nilambur came to assume ‘Jenmi’ (hereditary possession) rights over vast tracts of land whereon Nambolakottai Paradevathi temple is situated.  According to Jayshree Vencatesan Forest Reserves as Refugia for Human Impacted Biodiversity in Mudumalai 2003 page 22 this spot also makes the beginning of rights to land, long leased felling etc.

            As per an ancient manuscript on palm leaf in medieval Malayalam and Kannadam languages, seized by the revenue officials on 18.08.1989 from the residence of one Kuttikrishnan Chetty S/o. Late Perumal Chetty of Padanthurai Village now maintained in Government museum, at Ootacamund there is evidence that rulers of Mysore had bequeathed the territory extending from Pykara, Naduvattam and Gudalur to Nambolakottai Vetakaruman.  The Paradevathai at Nambolakottai is worshiped as family deities of Moundadan Chetties, Todas, Badagas, and  Kothas of the Nilgiri hills as an incarnation of  Lord Siva recalled in the Mahabharatha epic.  This discovery was published inter-alias the Dinathanthi Tamil newspaper dated 18.08.1989.  Having preserved these type of several ancient manuscripts seized by Government. from Moundadan Chetties in different occasions, the Moundadan Chetties heritage will reveal that these people are the sons of the soil from time immemorial inclusive of the present wild life area in Mudumalai and Benne.  Nambolakottai, Nelakottai, Benne shrine near Bitherkad all were part of erstwhile Mysore rulers.  The place names pertaining to that period like Jadahalli, Nagahalli (Now Nagampalli) Torahalli (Now Thorapalli) Madahalli, Marageddai,, Hozur, Jaladarai, Kalbaribetta., Jenubarebetta, Kakkanahalla and Bitherkad, besides the check dams, stone temples, irrigation canals and the inscriptions in Kannada are proof of this.  A dilapidated temple at Gudivayal and ancient Bommadevarayar temple at Mandakarai, Druga shrine at Mandagamoolai daily illuminated and rituals performed periodically in Mudumalai and Benne are the further proof of the habitation of Moundadan Chetties and other tribal people residing from time immemorial in the inner part of the forest now converted into wildlife and national park without considering the sufferings of these poor people.  Karadigoodu, Mathahalli, Jadahalli, Bollarangolli, Hombetta, Cheenakolli, Gudimoolai, Cheruvattu, in Mudumalai revenue village and Thavanavayal, Kunivayal, part of Belangoor, Athikuni, Kaithakattu are the paddy fields once cultivated by Chetties and abandoned due to the strict enforcement of several regulations created by the Government.  The right of indigenous cultivators in the inner part were forfeited one after another.  The Moundadan Chetties and other forest dwellers in the sanctuary are always faithful to the Government Rules and Regulations abiding the Acts and Rules.  There is not even a single case of forest crime registered against these innocent people so for.

      The brief history of how the land in question has passed on to the Nilambur Kovilagam and became Thirumalped family’s Janmam and leased to Government for 99 year in 1863  is narrated hereunder.  During the rule of Nambolan race of Nambolakottai, the temple and landed property of the temple was administered by them.  In course of time, they did not evince interest in maintaining the temple and landed property.  So the leading 5 clans among the Moundadan Chetties namely Kee Chetty, Kelavatha Gounda, Huthu Chetty, Kodi Chetty and Chetumulli Chetty supported by the Malayaran who came from North Malabar for looking after the accounts of management of Nambolakottai since the Moundadan Chetties were all illiterate had looked after the management of the temple and settling the disputes and maintenance of peace among the local inhabitants.  In course of time, to defend the disturbances of marauding gangs of free-boooters                                                                        oters, they sought the help of Chieftains in North Malabar and finally approached the Kurumbernad Raja who ultimately agreed to send his son and nephew with 100 Nayar troops to rule over them for the consideration of receiving seven granaries as his private property.  Such a way the area was held sway by Valavannur who took charge of Vetakaruman Devastanam (Temple Territory).

            The Devastanam-property was subsequently annexed to the Janman land of Thirumalpad of Nilambur in Malabar in phased manner.

            1.         After the fall of Valavannur at the time of advent of British rules in the fight between Tippu Sultan and English East India company, Chandukutty Valavannur exited from Areakod.  To meet the expenses towards his funeral ceremonies and some urgent needs, Orakadavuvilamban Valavannur barrowed some money from Chouvakkaran Kunju Pakki of Calicut in lieu of certain costly timber trees and paddy fields.  On expiry of term, Kelukutty Valavannur together with his clerk (Karayasthan) Kupu Patter went to Calicut and stayed at Thakaliambalam and tried to settle the dues but returned without fruitful result with a quarrel with the lender. This happened in M.E. 1002 (1826 A.D.) After filing a case in North Thukkidi civil court at Calicut, signed an accord and settled the affairs for which a sum of 900 Pannam from Dhamoori Kovilagam Pandaram, 500 Pannam from Pockancheri Kunju Chandu and 500 Pannam from Anthony John Mastan of Mangalore was barrowed.   (4 Pannam is equal to one Rupee) In the circumstance of not able to return the dues on expiry of the term, Kelukutty Valavannur consulted the trustees of Nambolakottai (all were Moundadan Chetties) as per their belief heard the words of oracles and decided to lease certain rich forest area near the ghat and some paddy fields earmarked for the home deities of that area.  Accordingly Valavannur, Appu Patter of Puthan vetil, Perumal of Orakadavu (Moundadan Chetty) Kelavatha Goundan (Moundadan. Chetty) Marakkara Villy (Moundadan Chetty) Kodungalur Kutty (Moundadan Chetty) went to Nilambur in M.E. 1005 (1830 A.D.) and executed an agreement with Thirumalpad signed by all the above persons under the following conditions.

            a.         Cutting and removing the trees in sandalwood and teakwood growing forest and share 50 percent of the benefit both side after meeting the expenses and toll charges.

            b.         Two pieces of paddy fields earmarked to home deities and shrines of that area and share 50 percent of the benefit each after meeting the expenses for rituals of the deities and shrines.

           

            As such the loan of Damoori Kovilagam was settled on the spot and arrangement made to settle the dues of other parties.

            But since the loan of Anthony John Mastan was not settled which worked out to 632 Rupees, 12 Annas and 4 Chilly Paise and documentation charge of 8 annas, he filed a suite in the

Wayanad Munisif Court

at Wythiri and a degree was passed to auction the land for settlement of the dues.  One Suppu Patter S/o. Appu Patter from Palghat area was sent as an agent of Thirumalpad family to participate in the public auction.  He obtained the land extending the area of 21/2  (Two and half) lack acres from Nellakottai to Theppakadu inclusive of Nambolakottai temple for Rs. 3,000/- and transferred the same to Manavikraman Thirumalpad of the Thacharakavil, Nilambur.  The auction was held in 1836.

            2.         When Subadra W/o. Orakadavuvilamban, the lady Valavannur and sister of Kelukutty became widow, she was asked to get away from temple premises to maintain the auspices ness. Hence she was staying at Chullikunnu with her minor son Govindan Kutty aged 12 years under the care of Cherumully chetty clan’s leader.  One Vijayam Patter of Nilambur had contact with the widow and she was induced to move to Nilambur with her son for allegedly of unsound mind and for natural treatment where the latter died in 1845 and the former in 1872.  In the mean-time Vinayan Manavikraman Thirumalpad obtained the landed properties of Nambolakottai amsom from Subdra alleged to have been of unsound mind in a bond paper for a sum of Rs. 2000/- or 8,000/- Pannam which was subsequently registered as document, document  No. 77/1853 on 03.12.1853 in the Calicut Registrar’s office and there after the sale deed for Rs. 20,000/- or 80,000/- Panamas for the balance area was executed wherein there is mention about the nature of land and how it was bequeathed by Mysore rulers indicating the extension and boundaries of the land which was Registered as document, document No. 58/1853 on 05.12.1853.  The territory of Nambolakottai Vettakaruman Parathevethai from central point of the temple premises as per the inscription in palm leaves and in the deed executed by Lady Valavannur to Thirumalpad family are as follows.

            1.         East      =          6 gatham (24 miles) up to Pykara river.

            2.         West    =          2 gatham (8 miles) up to Paruthanjolai.

            3.         South   =          5 gatham (20 miles) up to Neelathodu.

            4.         North   =          51/2 gatham (22 miles) up to Karayakanivu.

            There was no signature of Subadra, the Lady Valavannur nor local trustees but one Vakeel Chakkku has signed on behalf of Subadra in the sale deed.  After hearing the rumour of the wicket deceit, the Moundadan Chetties among renowned clans submitted two memoranda to the District Collector of Calicut once on 18.03.1852 and another signed by 18 members in 1854.  There was no effect for the requests of the people.  After obtaining the property from Subadra, the Thirumalpad family came to Nambolakottai and called the Moundadan Chetties and others and informed about the transfer of the property and asked them to hand over the earlier records of proof of their holdings to Janmi or vacat the land cultivated.  By threatening of evicting the land forcibly, many of the original documents of Moundadan Chetties and others were seized and carried away and the temple land was annexed with the Janmam land of Nilambur Kovilagam.  During the settlements in 1886 all proofs of previous land holding were taken over by the British administration and the land was treated as the property of Nilambur Jenmam and the cultivators were treated as Janmi’s bonded tenants of the leased land which was restricted up to the maximum of 12 years subject to renewal year after year.  Permanent structures for residences were not permitted to avoid creation of basis for the permanent holding.  Those who were unable to pay the lease had to forfeit the land.  The thick forest area was leased to Government for 99 years from 1863 which expired in 1962.  The so called tenants have got patta for the wet portion of the lands at the time of implementation of Gudalur Jenmam land Aboliton Act 1969 in 1974 onwards subject to production of receipt of Jenmi alone.  No other proof of holding were accepted and their right on the dry lands were neglected.

            Part of the land had been leased to private companies for establishing  coffee and tea plantations.  The rest of the area surrounded by Moundadan Chetties and other tribals  have became reservered forest.  The reservered forest was subsequently converted as wildlife / national park as per the policy of the Government. “Thus the Jenmam right above the ghat was a creation of British Administration and due to insufficient knowledge among earlier officers of the true position of affairs.  However this may be the net up-shot of the enquiries was that, of the three amsoms comprising of the Nilgiri Wayanad, Nambolakottai was declared to be Jenman property of the Nilambur Kovilagam and thus rightly or wrongly the said re-organization of the amsom as Janmam property became a fiat acompli as far as the English were concerned”.  The Moundadan Chetties, Panias, and Kattunaikas are the undivided part and parcel of these area from time immemorial, the only difference being the Chetties are not included in the scheduled tribal, list for want of detailed study when the constitutions of India was drafted.  Wherever the settlements of Chetties exist, there will be the settlements of Panias or Kattunaikas.  The language spoken by one community can be understood and spoken by other groups too, even up to  this day, which prove their                      co-existence. But most of the NGOS getting aids from the Government and other agencies are creating frustration among these forest dwellers.

            The area of land cultivated by forest dwellers now covered under wildlife is 850 acres including about 670 acres of patta lands in the total extend of 4306.04 hectares [321.15sq k.m.] of the sanctuary.  The individuals living in the sanctuary area is roughly 2200 in 377 houses.  The community wise breakups are Panias 52 families, Kattunaikas 47 families, Moundadan Chetties 260 famililes and Wayanadan Chetties 18 families, with the present day’s population of about 2200 members.  This figure does not include the Kurumbas and Irulas of Kargudi, Theppakadu area.  Among the above mentioned communities languages of Wayanad Chetties.  Moundadan Chetties, Panias and Kattunaikas are dialects without scripts which is not understandable by other civilized people.  The total extend of forest land in this wildlife is 4,306.04 hec. in Mudumalai revenue village and 70.86 hec. in Nellakottai revenue village (Benne).  The patta granted to the people at Mudumalai and Benne is 187.850 hec.  The area of land previously in possession of these people and treated as assessed waste due to non production of valid documents is 41.11 hec.  The area of land once cultivated by Chetties and forfeited by the forest officials is 27 acres in Mudumalai and 13 acres in Benne.  The people who were living in this area were  illiterate. They were not able to express their ethos and grievances to the Government authority due to insufficient knowledge and panic.  Hence the pre-history of this locality before formation of Jenmam right and Government forest is totally suppressed and the forest officials claim that the local inhabitants have no locustandy for their holding as if all have entered into the forest area for non-forestry activities.  The Chetties and tribals have been totally oppressed and marginalized by the bureaucrats taking the advantage of their ignorance.  As such the democratic human rights to live a dignified life in their inherited hamlets is violated.  Due to the man-animal conflict consequent to introduction of several, Acts and Rules, chain gates were erected at the entrance of the villages at Bosepara and Mukkatti and the free movement restricted.  All facilities of Panchayat road, Electricity, Road Transport, Health Service, Educational Institutions and Telecommunications are banned.  The power lines already provided were disconnected.  Education beyond 5^th standard to the children has become dream.  Even for imparting elementary education, the teachers have to go from towns and can arrive the school at 11.00 A.M. at the earliest since there is no transport convenience beyond Bospara and Bitherkad.  They should necessarily leave the school before 3.30 p.m. to catch the buses to reach their respective homes before night.  For the fear of attack by wild animals and walking distance of more than 4+4 kms. daily, the teachers particularly lady teachers are reluctant to work in these schools at Gookadi, Nagamballi and Koovakolli.  If the students wish to study beyond 5^th standard, they have to walk 2 to 6 kms. one way in the morning and evening along the wild forest to arrive the motorable places from where they have to traverse further 3 kms to the high schools at Srimadurai and Bitherkad.  Many sacrificed their life during delivery and sickness for want of medicare, transport facilities and attack by wild animals.  For carrying their products, they have to pay toll to the tune of Rs. 60/- per trip apart from seeking the mercy of the forest officials in the chain gates.  There were incidents of filthily commends of forest officials in the chain gates with school girls and the relatives of the inhabitants coming from other villages to see their dears and nears.  Such are the difficulties experienced by the people inside the sanctuary area.

            In the above circumstances, these people find no other option to lead their life other than moving to safer places forgoing their fertile lands. If compensated lands and arrangement for dwelling are assured considering the welfare of their future generation, they have come to that conclusion.  One among many Revenue Divisional Officers, Mr. U.Sakayam was kind enough to personally visit the interior villages along with these people, stayed with them and gained first hand insight and information about the difficulties and submitted suitable proposal to the district administration in 1992 but no useful action was initialed in this matter.  Again in the year 2002, the then District Collector Ms.Supriya Sahu had informed these people that she has submitted suitable proposal to re-locate these people in the following hamlets of Mudumalai and Nellakottai revenue villages to a place at Ayyankolli in Pandalur taluk, in which it was said that the proposed site of relocation of the people is situated within 14 K.M. of Taluk Head Quarters Pandalur.  And within 4 K.M. there were schools medical facilities and a fair price shop.  It was also stated that the proposal contains the allocation of alternative sites and the benefits of all the exiting rural developments schemes.

            1.         Mudukuli-Koovakolli-Nambikunnu section.

            2.         Nagamballi-Vattavayal-Mandakarai section.

            3.         Mandagamoola-Pulialam-Kapur-Panangolli section.

            4.         Nellikarai and Kunduthal section of adjoining Srimadurai.

5.         Cheppadu, Pambattam, Hozur, Nelliankunnu, Gookadi, Thumberi, Athikuni section in Benne forest.

            6.         Kolli, Kalladi section in Benne forest.

            This proposal emanated from the recommendation earlier made by Mr.U.Sahayam R.D.O. in is D.O. Letter No. A1/3920/92dt. 22.09.1992 to the District Collector.  Till date no action has been initiated or taken by the Government of Tamilnadu in this regard.

            Very recently basing on my presentation of a paper on this issue in the seminar held at Mysore Dr.A.K.Singh has made, an on the sport visit of a door to door survey and took the  opinions of the people of all the hamlets and obtained a collective representation of the people dwelling in the above mentioned area,  with one voice on 02.12.2006. They have expressed their grievances and why they are prepared to move to Ayyankolly.  Another mass demonstration and rally was conducted on 18.01.2007 at Gudalur town with not less than 2000 people supporting their demands and one day fast with more than 500 persons consisting the representatives of all political parties, social organizations, local bodies and school going students of Mudumalai and Benne wantonly boy-cotting their classes.  A resolution after the fast has been passed by voice vote and highlighted in all the local News Papers and local T.V. Channels.

            For the past 52 years after introduction of Wildlife Act in 1954, two generation have been struggling for better life by sending petitions individually and collectively, conducting demonstrations such as fasts, election boy-cotts, participation in various indoor meetings and talk shows in media and submitting memoranda up to the President of India and the National Human Rights Commission.  As such the sufferings and difficulties of more than 2,200 people in Mudumalai wildlife sanctuary continues as a long story without redressal of the grievances and uncared by the bureaucrats so far.

Thanking you,

C. R. Krishnan, Retd. Superintend, Government of  Tamil Nadu and Adviser to the   Nilgiri District Moundadan Chetty Community Association  Reg. No. 137/2000 - Gudalur