REFUGEES IN
THEIR OWN LAND
A CASE
STUDY OF MOUNDADAN CHETTIES AND OTHER COMMUNITIES
RESIDING IN
THE MUDUMALAI WILDLIFE SANCTUARY OF NILGIRIBIOSPHERE.By. C. R. Krishnan
****************
Forest landscape
in the Gudalur sub-region of Nilgiris Biosphere Reserve hasundergone
significant managerial transformation since the establishment of a separate
ForestDepartment in the then Madras Presidency in the year 1856. Though the
Forest Department’sattempts to acquire control over large tracts of Forests in
the Madras Presidency has alwaysbeen contested in official forum at the
earliest as from 1871itself, the situation in Gudalurfailed to evoke any
detailed discussion pertaining to the communal rights and privileges ofpeople
living within the forest lands in the neighborhoods of Gudalur.Gudalur among
other clusters of Forest enclaves, is also well known for theMudumalai and
Benne sectors which now form part of a National park/sanctuary. When theMadras
Government initially leased out Mudumalai (46,000 acres) from Nilambur Jenmam
in1857, the intention was mainly to utilize the timber (esp. teak). The timber
meant for exportto Europe as well as for the Railways within the country
enormously accelerated thecommercialization of forests by the Government throughout
the country. Mudumalai was notexception to this. Added to, it was the timber
exploited from Benne tracts for the buildingsand the establishment of the
military base at Wellington.The Madras Forest Act of 1882 prohibited people’s
access to their foraging territorieswithin the Forest habitats. The Act did not
specify and define the customary rights of thepeople. Settlement of rights was
left to the discretion of the so called forest settlementofficials. A period of
three months only was given to the inhabitants of notified reservedforests to
put forward their claims to the officials. People-groups such as
MoundadanChetties or Bettu Kurumbas or Kattunaikas or Panias were not even
aware of thepromulgation of such rules and prohibitions. It has had its own
repercussions andconsequences.Added to the above, was the mushrooming of
colonization in Gudalur, of people fromareas other than Gudalur. Apart from
Mudumalai and Benne forest reserves by a quirk ofhistory large tracts of
Gudalur continued to be under the propertiary control of NilamburJenmi, the
legal claims and contests that ensued since the 1950’s and still unresolved
havealso resulted in unsettling effects among the indigenous people of
Gudalur.As noted above, how and when the Mudumalai and Benne tracts of forests
cameunder the jurisdiction of Nilambur Jenmi is to be recalled here. The
Gudalur sector of theNilgiris originally formed part of the larger Waynad
territory extending into Coorg andMalabar. The Kadambas and later the Gangas
were ruling over the territory until the close ofthe 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
cropperplate granted by Ganga emperor Sri Purusha mention Gudalur and environs
as containingland fit for cultivation of rice and grains, garden lands and
forest lands fit for the cultivationof drugs or pepper and as including
fourteen villages, whatever happened tothisconsiderablyimportant region is not
clearly known. Rev. Mulley adds that the
2 Moundadan
Chetties however have a vague recollection of an epidemic razing thehabitation
to destructions. Eventually after the disintegration of Ganga rule,
Wayanadterritory gradually got spilt into petty principalities. The area
comprising Wayanad includingGudalur 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 1000A.D.) The area came to be
administered by Kottayam Raja. One branch of the Kottayamroyal family was the
famous Pazhassi raja who heroically fought the British colonial powersin the
later part of 19 th centaury (Page 231, History of Kerala Dr. Leela Devi,
Kottayam1986).During those times, temples with defined territories and called
‘sanketam’ were moreor less acting as autonomous administrative divisions (Page
270, A. History of KeralaK.V.Krishna Ayyar, Coimbatore 1968). One such temple
was Nambolakottai in Gudalur. Itwas originally under a Valunnur under the
jurisdiction of Kottayam raja. Hyder Ali ofMysore defeated the Nair Chiefs
(including Kottayam Raja) of Malabar at the Tamarasarybattle in 1773. The
British attacked Hyder Ali in 1783 and concluded a treaty with him, afterwhich
these territories came under the overall control of Zamorin of Calicut. Gudalur
at thattime became Nilambur Koviligam (temple territory), Thirumelpad of
Nilambur came toassume ‘Jenmi’ (hereditary possession) rights over vast tracts
of land whereon NambolakottaiParadevathi temple is situated. According to
Jayshree Vencatesan Forest Reserves asRefugia for Human Impacted Biodiversity
in Mudumalai 2003 page 22 this spot also makesthe beginning of rights to land,
long leased felling etc.As per an ancient manuscript on palm leaf in medieval
Malayalam and Kannadamlanguages, seized by the revenue officials on 18.08.1989
from the residence of oneKuttikrishnan Chetty S/o. Late Perumal Chetty of
Padanthurai Village now maintained inGovernment museum, at Ootacamund there is
evidence that rulers of Mysore had bequeathedthe territory extending from
Pykara, Naduvattam and Gudalur to NambolakottaiVetakaruman. The Paradevathai at
Nambolakottai is worshiped as family deities ofMoundadan Chetties, Todas,
Badagas, and Kothas of the Nilgiri hills as an incarnation ofLord Siva recalled
in the Mahabharatha epic. This discovery was published inter-alias
theDinathanthi Tamil newspaper dated 18.08.1989. Having preserved these type of
severalancient 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 fromtime immemorial inclusive of the present
wild life area in Mudumalai and Benne.Nambolakottai, Nelakottai, Benne shrine
near Bitherkad all were part of erstwhile Mysorerulers. 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,
irrigationcanals and the inscriptions in Kannada are proof of this. A
dilapidated temple at Gudivayaland ancient Bommadevarayar temple at Mandakarai,
Druga shrine at Mandagamoolai dailyilluminated and rituals performed
periodically in Mudumalai and Benne are the further proofof the habitation of
Moundadan Chetties and other tribal people residing from timeimmemorial in the
inner part of the forest now converted into wildlife andnationalparkwithout
considering the sufferings of these poor people. Karadigoodu, Mathahalli,
Jadahalli,Bollarangolli, Hombetta, Cheenakolli, Gudimoolai, Cheruvattu, in
Mudumalai revenuevillage and Thavanavayal, Kunivayal, part of Belangoor,
Athikuni, Kaithakattu are the paddyfields once cultivated by Chetties and
abandoned due to the strict enforcement of severalregulations created by the
Government. The right of indigenous cultivators in the inner partwere 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 innocentpeople so
for.The brief history of how the land in question has passed on to the Nilambur
Kovilagamand became Thirumalped family’s Janmam and leased to Government for 99
year in 1863 isnarrated hereunder. During the rule of Nambolan race of
Nambolakottai, the temple andlanded property of the temple was administered by
them. In course of time, they did notevince interest in maintaining the temple
and landed property. So the leading 5 clans amongthe Moundadan Chetties namely
Kee Chetty, Kelavatha Gounda, Huthu Chetty, Kodi Chettyand Chetumulli Chetty supported
by the Malayaran who came from North Malabar forlooking after the accounts of
management of Nambolakottai since the Moundadan Chettieswere all illiterate had
looked after the management of the temple and settling the disputes
andmaintenance of peace among the local inhabitants. In course of time, to
defend thedisturbances of marauding gang of free-boooters others, they sought
the help of Chieftains inNorth Malabar and finally approached the Kurumbernad
Raja who ultimately agreed to sendhis son and nephew with 100 Nayar troops to
rule over them for the consideration ofreceiving seven granaries as his private
property. Such a way the area was held sway byValavannur who took charge of
Vetakaruman Devastanam (Temple Territory).The Devastanam-property was
subsequently annexed to the Janman land ofThirumalpad of Nilambur in Malabar in
phased manner.
1. After the
fall of Valavannur at the time of advent of British rules in the fightbetween
Tippu Sultan and English East India company, Chandukutty Valavannur exited
fromAreakod. To meet the expenses towards his funeral ceremonies and some
urgent needs,Orakadavuvilamban Valavannur barrowed some money from Chouvakkaran
Kunju Pakki ofcCalicut in lieu of certain costly timber trees and paddy fields.
On expiry of term, KelukuttyValavannur together with his clerk (Karayasthan)
Kupu Patter went to Calicut and stayed atThakaliambalam and tried to settle the
dues but returned without fruitful result with a quarrelwith the lender. This
happened in M.E. 1002 (1826 A.D.) After filing a case in NorthThukkidi civil
court at Calicut, signed an accord and settled the affairs for which a sum
of900 Pannam from Dhamoori Kovilagam Pandaram, 500 Pannam from Pockancheri
KunjuChandu and 500 Pannam from Anthony John Mastan of Mangalore was barrowed.
(4Pannam is equal to one Rupee) In the circumstance of not able to return the
dues on expiry ofthe term, Kelukutty Valavannur consulted the trustees of
Nambolakottai (all wereMoundadan Chetties) as per their belief heard the words
of oracles and decided to leasecertain rich forest area near the ghat and some
paddy fields earmarked for the home deities ofthat 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 personsunder
the following conditions.
a. Cutting and
removing the trees in sandalwood and teakwood growing forestand 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 areaand share 50
percent of the benefit each after meeting the expenses for rituals of the
deitiesand shrines.As such the loan of Damoori Kovilagam was settled on the
spot and arrangementmade to settle the dues of other parties.
4 But since the
loan of Anthony John Mastan was not settled which worked out to632 Rupees, 12
Annas and 4 Chilly Paise and documentation charge of 8 annas, he filed asuite
in the Wayanad Munisif Court at Wythiri and a degree was passed to auction the
landfor settlement of the dues. One Suppu Patter S/o. Appu Patter from Palghat
area was sent asan agent of Thirumalpad family to participate in the public
auction. He obtained the landextending the area of 21/2 (Two and half) lack
acres from Nellakottai to Theppakaduinclusive of Nambolakottai temple for Rs.
3,000/- and transferred the same to ManavikramanThirumalpad of the
Thacharakavil, Nilambur. The auction was held in 1836.
2. When Subadra
W/o. Orakadavuvilamban, the lady Valavannur and sister ofKelukutty became
widow, she was asked to get away from temple premises to maintain theauspices
ness. Hence she was staying at Chullikunnu with her minor son Govindan
Kuttyaged 12 years under the care of Cherumully chetty clan’s leader. One
Vijayam Patter ofNilambur had contact with the widow and she was induced to
move to Nilambur with her sonfor allegedly of unsound mind and for natural
treatment where the latter died in 1845 and theformer in 1872. In the mean-time
Vinayan Manavikraman Thirumalpad obtained the landedproperties of Nambolakottai
amsom from Subdra alleged to have been of unsound mind in abond paper for a sum
of Rs. 2000/- or 8,000/- Pannam which was subsequently registered asdocument,
document No. 77/1853 on 03.12.1853 in the Calicut Registrar’s office and
thereafter the sale deed for Rs. 20,000/- or 80,000/- Panamas for the balance area
was executedwherein there is mention about the nature of land and how it was
bequeathed by Mysorerulers 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 VettakarumanParathevethai from central point of the
temple premises as per the inscription in palm leavesand 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 oneVakeel
Chakkku has signed on behalf of Subadra in the sale deed. After hearing the
rumourof the wicket deceit, the Moundadan Chetties among renowned clans
submitted twomemoranda to the District Collector of Calicut once on 18.03.1852
and another signed by 18members in 1854. There was no effect for the requests
of the people. After obtaining theproperty from Subadra, the Thirumalpad family
came to Nambolakottai and called theMoundadan Chetties and others and informed
about the transfer of the property and askedthem to hand over the earlier records
of proof of their holdings to Janmi or vacat the landcultivated. By threatening
of evicting the land forcibly, many of the original documents ofMoundadan
Chetties and others were seized and carried away and the temple land wasannexed
with the Janmam land of Nilambur Kovilagam. During the settlements in 1886
allproofs of previous land holding were taken over by the British
administration and the landwas treated as the property of Nilambur Jenmam and
the cultivators were treated as Janmi’sbonded tenants of the leased land which
was restricted up to the maximum of 12 years subjectto renewal year after year.
Permanent structures for residences were not permitted to avoidcreation of
basis for the permanent holding. Those who were unable to pay the lease had toforfeit
the land. The thick forest area was leased to Government for 99 years from
1863which expired in 1962. The so called tenants have got patta for the wet
portion of the lands atthe time of implementation of Gudalur Jenmam land
Aboliton Act 1969 in 1974 onwardssubject to production of receipt of Jenmi
alone. No other proof of holding were accepted andtheir right on the dry lands
were neglected.
5Part of the
land had been leased to private companies for establishing coffee andtea
plantations. The rest of the area surrounded by Moundadan Chetties and other
tribalshave 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 ghatwas a creation of British Administration and due
to insufficient knowledge among earlierofficers of the true position of
affairs. However this may be the net up-shot of the enquirieswas that, of the
three amsoms comprising of the Nilgiri Wayanad, Nambolakottai wasdeclared to be
Jenman property of the Nilambur Kovilagam and thus rightly or wrongly thesaid
re-organization of the amsom as Janmam property became a fiat acompli as far as
theEnglish were concerned”. The Moundadan Chetties, Panias, and Kattunaikas are
theundivided part and parcel of these area from time immemorial, the only
difference being theChetties are not included in the scheduled tribal, list for
want of detailed study when theconstitutions of India was drafted. Wherever the
settlements of Chetties exist, there will bethe settlements of Panias or
Kattunaikas. The language spoken by one community can beunderstood and spoken
by other groups too, even up to this day, which prove theirco-existence. But
most of the NGOS getting aids from the Government and other agenciesare
creating frustration among these forest dwellers.The area of land cultivated by
forest dwellers now covered under wildlife is 850 acresincluding about 670
acres of patta lands in the total extend of 4306.04 hectares [321.15sqk.m.] of
the sanctuary. The individuals living in the sanctuary area is roughly 2200 in
377houses. The community wise breakups are Panias 52 families, Kattunaikas 47
families,Moundadan Chetties 260 famililes and Wayanadan Chetties 18 families,
with the presentday’s population of about 2200 members. This figure does not
include the Kurumbas andIrulas of Kargudi, Theppakadu area. Among the above
mentioned communities languages ofWayanad Chetties. Moundadan Chetties, Panias
and Kattunaikas are dialects without scriptswhich is not understandable by
other civilized people. The total extend of forest land in thiswildlife is
4,306.04 hec. in Mudumalai revenue village and 70.86 hec. in Nellakottai
revenuevillage (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 tonon production of valid documents is 41.11 hec.
The area of land once cultivated by Chettiesand forfeited by the forest
officials is 27 acres in Mudumalai and 13 acres in Benne. Thepeople who were
living in this area were illiterate. They were not able to express their
ethosand grievances to the Government authority due to insufficient knowledge
and panic. Hencethe pre-history of this locality before formation of Jenmam
right and Government forest istotally suppressed and the forest officials claim
that the local inhabitants have no locustandyfor their holding as if all have
entered into the forest area for non-forestry activities. TheChetties and
tribals have been totally oppressed and marginalized by the bureaucrats
takingthe advantage of their ignorance. As such the democratic human rights to
live a dignified lifein their inherited hamlets is violated. Due to the
man-animal conflict consequent tointroduction of several, Acts and Rules, chain
gates were erected at the entrance of thevillages at Bosepara and Mukkatti and
the free movement restricted. All facilities ofPanchayat road, Electricity,
Road Transport, Health Service, Educational Institutions andTelecommunications
are banned. The power lines already provided were disconnected.Education beyond
5 th standard to the children has become dream. Even for impartingelementary
education, the teachers have to go from towns and can arrive the school at
11.00A.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 theirrespective homes before night. For the fear of
attack by wild animals and walking distance ofmore than 4+4 kms. daily, the
teachers particularly lady teachers are reluctant to work inthese schools at
Gookadi, Nagamballi and Koovakolli. If the students wish to study beyond5 th
standard, they have to walk 2 to 6 kms. one way in the morning and evening
along the
6 wild forest to
arrive the motorable places from where they have to traverse further 3kms to
the high schools at Srimadurai and Bitherkad. Many sacrificed their life
duringdelivery 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 fromseeking the mercy of the forest
officials in the chain gates. There were incidents of filthilycommends of
forest officials in the chain gates with school girls and the relatives of
theinhabitants coming from other villages to see their dears and nears. Such
are the difficultiesexperienced by the people inside the sanctuary area.In the
above circumstances, these people find no other option to lead their life
otherthan moving to safer places forgoing their fertile lands. If compensated
lands andarrangement for dwelling are assured considering the welfare of their
future generation, theyhave 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 andsubmitted suitable
proposal to the district administration in 1992 but no useful action wainitialed
in this matter. Again inthe year 2002, the then District Collector Ms.Supriya
Sahuhad informed these people that she has submitted suitable proposal to
re-locate these peoplein the following hamlets of Mudumalai and Nellakottai
revenue villages to a place atAyyankolli in Pandalur taluk, in which it was
said that the proposed site of relocation of thepeople is situated within 14
K.M. of Taluk Head Quarters Pandalur. And within 4 K.M. therewere schools medical
facilities and a fair price shop. It was also stated that the proposalcontains
the allocation of alternative sites and the benefits of all the exiting
ruraldevelopments 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.SahayamR.D.O. in is D.O.
Letter No. A1/ 3920/92 dt. 22.09.1992 to the District Collector. Till dateno
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 atMysore Dr.A.K.Singh has made, an on the sport visit of a door to
door survey and took theopinions of the people of all the hamlets and obtained
a collective representation of thepeople dwelling in the above mentioned area,
with one voice on 02.12.2006. They haveexpressed their grievances and why they
are prepared to move to Ayyankolly. Another massdemonstration and rally was
conducted on 18.01.2007 at Gudalur town with not less than2000 people
supporting their demands and one day fast with more than 500 personsconsisting
the representatives of all political parties, social organizations, local
bodies andschool going students of Mudumalai and Benne wantonly boy-cotting
their classes. Aresolution after the fast has been passed by voice vote and
highlighted in all the local NewsPapers and local T.V. Channels.For the past 52
years after introduction of Wildlife Act in 1954, two generation havebeen
struggling for better life by sending petitions individually and collectively,
conductingdemonstrations such as fasts, election boy-cotts, participation in
various indoor meetings and7talk shows in media and submitting memoranda up to
the President of India andthe National Human Rights Commission. As such the
sufferings and difficulties of more than2,200 people in Mudumalai wildlife
sanctuary continues as a long story without redressal ofthe grievances and
uncared by the bureaucrats so far.
Thanking you,
C. R. Krishnan
Retd.
Superintend, Government of
Tamilnadu and
Adviser to the
Nilgiri
District Moundadan Chetty
Community
Association
