Madras High CourtWP/19207/2019disposed of

P.Thandapani v. Government Of Tamil Nadu

2021-09-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2021

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.19207 of 2019 P.Thandapani ..Petitioner -Vs1. Government of Tamil Nadu Rep. by its Principal Chief Conservator of Forests (Head of Fores Force) Office of the Principal Chief Conservator Panagal Maligai Saidapet Chennai 600 015.

2. The Chief Conservator of Forests Vellore Working Plan No. 84 7th Cross Street Sathuvachary Post Vellore - 632004.

3. The District Forest Officer Vellore Division Vellore Fort Vellore - 632004.

4. The Divisional Forest Officer Social Foresty Division District Collector Office Building " B" Block 5th Floor Sathuvachary Post Vellore - 632004.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to refund the Earnest Money Deposit made by him on 07.02.2018 and 08.02.2018 with respondents at the time of auction proceedings by considering his representation dated 22.06.2018 and 01.08.2018.

For Petitioner :

Mr.K.Krishnan For Respondents :

Mr.U.Baranidharan Government Advocate for R 1 to R 4

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to refund the Earnest Money Deposit made by the petitioner while participating in the auction conducted by the respondents.

2.The 3rd respondent has filed a counter affidavit. Even in the counter affidavit, it is stated that already a proposal has been sent to the Government to refund of the Earnest Money Deposit and hence, some time is sought for refunding the money to the petitioner.

3.Taking into consideration the facts and circumstances of the case and the stand taken by the 3rd respondent in the counter affidavit, there shall be a direction to the 2nd and 3rd respondents to refund the earnest money deposit to the petitioner, after getting the approval fromthe Government within a period of four weeks from the date of receipt of copy of this order. The petitioner has also made a claim for interest for the delay in the payment of the earnest money deposit and the same shall also be considered at the time of refunding the money to the petitioner.

4.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To 1.Principal Chief Conservator of Forests, (Head of Fores Force) Government of Tamil Nadu, Office of the Principal Chief Conservator, Panagal Maligai , Saidapet, Chennai 600 015.

2.The Chief Conservator of Forests, Vellore Working Plan, No. 84, 7th Cross Street, Sathuvachary Post, Vellore - 632004.

3.The District Forest Officer, Vellore Division, Vellore Fort, Vellore - 632004.

4.The Divisional Forest Officer, Social Foresty Division, District Collector Office Building, " B" Block 5th Floor, Sathuvachary Post, Vellore - 632004.

+1cc to Mr.K.Krishnan, Advocate Sr No.45975 +1cc to the Special Government Pleader (Forest) Sr No.46230 +1cc to Government Pleader Sr No.46171 W.P.No.19207 of 2019 PCH (CO) PR (27/09/2021)