T.L.Ramasamy, v. The Principal Chief Conservator Of Forests
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 24233 of 2024 T.L.Ramasamy ....
Petitioner Vs
1. The Principal Chief Conservator of Forests Head of Forest Force, Forest Head Quarters, Kannikapuram Check Post, Guindy - Velachery Main Road, Guindy Chennai 600 032
2. The Conservator of Forests Vellore Circle, Pillaiyar Kovil Street, Rangapuram, Sathuvachari, Vellore - 632 009.
3. The District Forest Officer, Tiruvannamalai Forest Division, Tiruvannamalai - 606 601
4. The Forest Range Officer, Arani Social Forestry Range, Arani, Tiruvannamalai District.
....
Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus the respondents 1 to 3, to refund the 100 % of the bid amount and connected amount related to the tender, deposited by against the babul tree extraction in 1982 - 90 Ayyampalayam Babul Plantation in Arani Social Forest Range to an extent of 12.98 Ha, based on the petitioner's representation dated 15.04.2024.
For Petitioner : Mr.T.Dharani For Respondents : Dr.T.Seenivasan Special Government Pleader
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus the respondents 1 to 3, to refund the 100 % of the bid amount and connected amount related to the tender, deposited by against the babul tree extraction in 1982 - 90 Ayyampalayam Babul Plantation in Arani Social Forest Range to an extent of 12.98 Ha, based on the petitioner's representation dated 15.04.2024.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The case of the petitioner is that the third respondent had issued a tender inviting for cutting Babul (Karuvel) trees in 1982-1990 Ayyampalayam Babul Plantation having an extent of 12.98 Ha. The petitioner also applied for the tender and tender was also awarded to the petitioner with certain conditions and the petitioner also complied with the conditions imposed in the award and also paid the requisite amount. The further case of the petitioner is that due to covid-19 pandemic he was not able to carry out the allotted work. The grievance of the petitioner is that he has sent a representation to the first respondent on 15.04.2024 to return the amount deposited by the petitioner. However, the same was not considered. Hence this petition.
4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the third respondent to consider petitioner's application dated 15.04.2024 and pass orders.
5. The learned Special Government Pleader appearing for the Respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.
6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any view on the merits of the controversy involved passes the following order:- (i) the Respondents shall consider the petitioner's representation dated 15.04.2024 and ascertain 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 shall be communicated under written acknowledgement.
(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 that order.
7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
23.08.2024 Internet : Yes Index : Yes/No Speaking/Non-speaking order Lpp To
1. The Principal Chief Conservator of Forests Head of Forest Force, Forest Head Quarters, Kannikapuram Check Post, Guindy - Velachery Main Road, Guindy Chennai 600 032
2. The Conservator of Forests Vellore Circle, Pillaiyar Kovil Street, Rangapuram, Sathuvachari, Vellore - 632 009.
G.K.ILANTHIRAIYAN, J.
Lpp
3. The District Forest Officer, Tiruvannamalai Forest Division, Tiruvannamalai - 606 601
4. The Forest Range Officer, Arani Social Forestry Range, Arani, Tiruvannamalai District.
23.08.2024