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Madras High CourtWP/7958/2024disposed of

S.Dhanasekar v. The Principal Chief Conservator

2024-03-26Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S.Dhanasekar ... Petitioner -vs1. The Principal Chief Conservator of Forest Head of the Forest Force Guindy - Velacherry Main Road Kanigapuram Check Post Guindy, Chennai - 600032.

2. The Conservator of Forests O/o. Conservator of Forest Office Vellore Forest Division Pillaiyar Kovil Street Rangapuram, Sathuvachari Vellore.

3. The District Forest Officer O/o. District Forest Office Pillaiyar Kovil Street Rangapuram, Sathuvachari Vellore.

4. The Forest Range Officer Gudiyatham Social Forestry Range No. 202, Raja Kovil Street, Gandhi Nagar Gudiyatham Town and Taluk Vellore District.

... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, the First to Third Respondents, to refund the 100% of the bid amount deposited by me and security deposit amount of Rs. 10% based on the work order dated 26.08.2020 in Na.Ka.No. 12095/19/L in respect of 1983 Thenpalli, Gudiyatham Social Forestry Range to an extent of 12.00 hectare in Vellore District Karuvel Thottam within the jurisdiction of Fourth Respondent's office, based on the representation dated 27.01.2024.

For Petitioner :

Mr. C.Prabhakaran For Respondents :

Mr. M.S.Prem Kumar, GA (RR1 to 4)

O R D E R

Heard Mr. C.Prabhakaran, Learned Counsel for the Petitioner and Mr. M.S.Prem Kumar, Learned Government Advocate appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that he had made a representation dated 27.01.2024 to refund the entire bid and security deposit made by him in pursuance of the work Order in Na. Ka. No. 12095/19/L dated 26.08.2020 for 1983 Thenpalli, Gudiyatham Social Forestry Range, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 2/6

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the Respondents shall immediately examine the representation dated 27.01.2024 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment;

(v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and 3/6

(vi) the report of such compliance shall be filed before the Registrar (Judicial) of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

26.03.2024 Index: Yes/No 1/4 NCC: Yes/No Note: Issue order copy by 05.04.2024.

Maya To

1. The Principal Chief Conservator of Forest Head of the Forest Force Guindy - Velacherry Main Road Kanigapuram Check Post Guindy, Chennai - 600032.

2. The Conservator of Forests O/o. Conservator of Forest Office Vellore Forest Division Pillaiyar Kovil Street Rangapuram, Sathuvachari Vellore.

3. The District Forest Officer O/o. District Forest Office Pillaiyar Kovil Street Rangapuram, Sathuvachari Vellore.

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4. The Forest Range Officer Gudiyatham Social Forestry Range No. 202, Raja Kovil Street, Gandhi Nagar Gudiyatham Town and Taluk Vellore District.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

Maya 26.03.2024 1/4 6/6