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Madras High CourtWP/2391/2003disposed of

M/S.Gupta Enterprises v. The State Of Tamil Nadu Rep

2016-08-08Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. Nos.2391 to 2393 of 2003 M/s.Gupta Enterprises, rep. by its Partner Krishna Kishore, Eastern Street, Eluru - 534 001, A.P.

... Petitioner in W.P.2391/2003 M/s.Gupta Exports, rep. by its Partner Krishna Kishore, Eastern Street, Eluru - 534 001, A.P.

... Petitioner in W.P.2392/2003 M/s.Lavanya Enterprises, rep. by its Partner Krishna Kishore, Eastern Street, Eluru - 534 001, A.P.

... Petitioner in W.P.2393/2003 -vs1. The State of Tamil Nadu, rep. by its Secretary to Government, Environment & Forest Department, Fort St. George, Chennai-600 009.

2. The District Forest Officer, Tirupattur Division, Tirupattur, Vellore District.

3. The District Forest Officer, Salem Division, Salem - 636 007.

... Respondents in all WPs W.P.No.2391 of 2003 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records relating to the Short Sale Notices issued by (1) the second respondent dated 26.11.2002 in C.No.11562/2002 S and (2) the third respondent dated 18.12.2002 bearing C.No.11533/02 S and quash the same in

so far as they relate to the sandalwood of the classes (a) Jajpokal I class and (b) Basola Bukini and consequently forbear the respondents from bringing to auction the above classes of sandalwood without effecting delivery to the petitioner of 10 Metric Tonnes of Jajpokal I class and 25 Metric Tonnes of Basola Bukini.

W.P.No.2392 of 2003 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records relating to the Short Sale Notices issued by (1) the second respondent dated 26.11.2002 in C.No.11562/2002 S and (2) the third respondent dated 18.12.2002 bearing C.No.11533/02 S and quash the same in so far as they relate to the sandalwood of the classes (a) Jajpokal II class and (b) Milwa Chilta and consequently forbear the respondents from bringing to auction the above classes of sandalwood without effecting delivery to the petitioner of 5 Metric Tonnes of Jajpokal II class and 10 Metric Tonnes of Milwa Chilta.

W.P.No.2393 of 2003 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records relating to the Short Sale Notices issued by (1) the second respondent dated 26.11.2002 in C.No.11562/2002 S and (2) the third respondent dated 18.12.2002 bearing C.No.11533/02 S and quash the same in so far as they relate to the sandalwood of the classes (a) Jajpokal I class and (b) Milwa Chilta and (3) Bagardad and consequently forbear the respondents from bringing to auction the above classes of sandalwood without effecting delivery to the petitioner of 35 Metric Tonnes of Jajpokal I class and 22 Metric Tonnes of Milwa Chilta and 0.5 Metric Tonnes of Bagardad. For Petitioner :

Mr.Bharathchakravarthy in all WPs For Respondents :

Mr.M.Santhanaraman in all WPs Additional Government Pleader (Forest) for R1 to R3 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The writ petitions have become infructuous, as the auctions were held in pursuance to the directions given by the respondents on 27.03.2003, recorded by this Court.

2. The writ petitions are disposed of in terms aforesaid. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bbr To

1. The Secretary to Government, Environment & Forest Department, Fort St. George, Chennai-600 009.

2. The District Forest Officer, Tirupattur Division, Tirupattur, Vellore District.

3. The District Forest Officer, Salem Division, Salem - 636 007.

+1cc to M/s.Anandadas Gupta & Sagar, Advocate, S.R.No.44984 +1cc to the Special Government Pleader(Forest), S.R.No.45065 W.P.Nos.2391 to 2393 of 2003 PUR(CO) CA(17/08/2016)