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Madras High CourtWP(MD)/6859/2020allowed

Ganeshan, v. The Revenue Divisional Officer,

2020-06-18Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

W.P.(MD)No.6859 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 18.06.2020

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.6859 of 2020 Ganeshan

...Petitioner

Vs 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Paramakudi, Ramanathapuram District.

2.The Thasildar, Office of the Tahsildar, Paramakudi, Ramanathapuram District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to allot the tender to cutting of Seemaikaruvelam trees in respect of the Survey No.13 situated at Keelaparuthiyoor Kanmai (Tank), Paramakudi Taluk, based on the petitioner's representation, dated 23.03.2020.

For Petitioner :Mr.A.Uthayakumar For Respondents :Mr.M.Raja Rajan Government Advocate

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed praying for issuance of writ of Mandamus directing the respondents to allot the tender to cutting of Seemaikaruvelam trees in respect of the Survey No.13 situated at Keelaparuthiyoor Kanmai (Tank), Paramakudi Taluk, based on the petitioner's representation, dated 23.03.2020. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 4.The case of the petitioner is that the first respondent has published a tender cum auction in the daily newspaper for cutting off Seemaikaruvelam trees in respect of Survey No.13 situated at Keelaparuthiyoor Kanmai (Tank), Paramakudi Taluk and the second respondent has fixed the tender amount as Rs.

4,26,000/- and the petitioner participated in the tender and thereafter, the respondents allotted the tender to the petitioner. The petitioner paid a sum of Rs.2,12,000/- and agree to pay the balance amount. Since the petitioner has not paid the balance amount, one of the rival party has filed a Writ petition before this Court, wherein https://hcservices.ecourts.gov.

W.P.(MD)No.6859 of 2020 this Court has passed an order directing the respondents to return back the advance amount paid by the petitioner and to process the re-tender. But till now the respondents failed to process the retender. Therefore, the petitioner sent a representation on 23.03.2020 to the respondents seeking to allot the tender for cutting of seemaikaruvelam trees. Since the said representation has not been considered so far, the petitioner has filed this writ petition.

5.When the matter came up for hearing, the learned counsel for the petitioner would submit that it would suffice, if a direction is given to the respondents to consider the representation of the petitioner, dated 23.03.2020.

6.The learned Government Advocate appearing for the respondents would submit that the respondents are ready to consider the representation of the petitioner, dated 23.03.2020, within the time prescribed by this Court.

7.In view of the above submission made by the learned Government Advocate appearing for the respondents, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 23.03.2020 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after providing opportunity of hearing to the petitioner as well as the persons, who are interested and communicate the same to the petitioner.

8.The writ petition is disposed of accordingly. No costs Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rj2 To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Paramakudi, Ramanathapuram District.

2.The Thasildar, Office of the Tahsildar, Paramakudi,Ramanathapuram District.

W.P(MD)No.6859 of 2020 18.06.2020 KB(23.06.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2