Ramachandran v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Ramachandran : Petitioner Vs 1.The District Collector, Villupuram District - 605 602.

2.The Assistant Engineer, (Irrigation)-I Water Resources Department, Villupuram 605 602 3.S.Kamaraj : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records of 2nd respondent dated 04.05.2023 granting auction rights to cut and remove Seemai Karuvelan trees in Bramhadesam Lake, Vikravaandi Taluk, Villupuram District to the 3rd respondent and to quash the same and to decide the same in accordance with law.

For the Petitioner :

Mr.M.V.Seshachari For Respondents 1 & 2 :

Mr.P.Muthukumar, State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.V.Seshachari, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 and 2.

2. The petitioner challenges the decision of the second respondent in granting auction rights to the third respondent to cut and remove Semakaruvelam trees in Bramhadesam Lake, Vikravaandi Taluk, Villupuram District.

3. The learned counsel for the petitioner submits that during the past years, tenders were issued for a higher sum and even the petitioner had bid for Rs.1,59,000/-. This year, the base price is fixed very low and the tender has been allotted to the third respondent for a meagre amount of Rs.27,700/-. It would cause loss to the public exchequer. No proper exercise has been done while arriving at the base price.

4. Mr.P.Muthukumar, learned State Government Pleader, submits that the length and width of the area also have to be considered. The best offer has been accepted by the Government.

5. In the writ petition, there are no allegations of cartel. It is not the case of the petitioner that the highest bidder has been ignored. Tender is allotted to the highest bidder. Mala fides are not alleged.

6. In light of the above, we do not find any ground to interfere with the petition. The writ petition as such is dismissed. There will be no order as to costs. Consequently, WMP Nos.19207 and 19209 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 24.11.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Villupuram District - 605 602. 2.The Assistant Engineer, (Irrigation)-I Water Resources Department, Villupuram 605 602

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 24.11.2023