K. Ambalam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.9721 & 9726 of 2019 K.Ambalam ... Petitioner in W.P.(MD)No.9721 of 2019 N.Nagaraj Pandian ... Petitioner in W.P.(MD)No.9726 of 2019 Vs.

1. The District Collector, Sivagangai Collectorate, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai.

3. The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

... Respondents in both petitions.

PRAYER in W.P.(MD)No.9721 of 2019: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant six months time based on the petitioner's representation dated 30.03.2019 to cut and uproot the Karuvela trees available in Manalur Kanmai. PRAYER in W.P.(MD)No.9726 of 2019: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant eight months time based on the petitioner's representation dated 06.04.2019 to cut and uproot the Karuvela trees available in Kondhagai Kanmai, Sivagangai District.

(in both W.Ps.) For Petitioners : Mr.M.V.Venkataseshan For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader.

* * *

C O M M O N O R D E R Heard the learned counsel on either side.

2. With the consent of both the parties, the main Writ petitions are taken up for final disposal, at the admission stage itself.

3. In both the Writ petitions, the Revenue Divisional Officer, Sivagangai, had issued proceedings in favour of the Writ petitioners permitting them to cut and remove "Karuvela" trees in the petition mentioned tanks, as they were the highest bidders in the auctions conducted in this regard. The petitioners had also remitted the bid amounts. But then, due to reasons set out in the representations as well as in the affidavit filed in support of these Writ petitions, they could not complete the work of uprooting and removing the trees. Therefore, they have submitted applications seeking extension of time. They were also granted such extension of time. Even within the extended period, they still could not complete the work. This is said to be on account of rain.

4. The learned counsel appearing for the Writ petitioner states that the second respondent can be directed to consider their fresh applications for further extension of time.

5. The second respondent is directed to pass orders on the said petitions seeking further extension of time within a period of two weeks from the date of receipt of a copy of this order.

6. These Writ petitions stand disposed of, on these terms. No costs.

Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar(CS-II) To

1. The District Collector, Sivagangai Collectorate, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai.

3. The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

+3 CC to M/s.M.V.VENKATASESHAN,Advocate(SR-62263[F]dated 24/04/2019) +1 CC to M/s.SPL GP ( SR-62441, 62188[F] ) W.P.(MD)Nos.9721 & 9726 of 2019 24.04.2019 ES/25.04.2019/3P/8C