K.Pasumponraja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.4068 of 2017 and W.M.P(MD)Nos.3225 to 3227 of 2017 K.Pasumponraja .. Petitioner Vs.

1. The District Collector, District Collectorate Office, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3. The Tahsildar, Tirupuvanam Taluk, Sivagangai District.

4. The Block Development Officer, Tirupuvanam Taluk, Sivagangai District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned Tender Notification in Na.Ka.No.B2/11626/2015 dated 08.02.2017 on the file of the third respondent and quash the same as illegal and consequently for a direction, directing the respondents to conduct fresh tender pertaining to cutting of Seema Karuvelai Trees (Prosopis Juliflora) and removal of its root in the Tirupuvanam Taluk, Sivagangai District, by way of notifying the Upset Price, Survey Number of the Tank, extent of the Tank, Village Name etc. within the time period stipulated by this Court. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the notification dated 08.02.2017 passed in Na.Ka.No.B2/11626/2015 by the third respondent and quash the same, by way of issuing a writ of certiorarified mandamus.

2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents.

3.The learned counsel appearing for the petitioner has repeatedly contended to the effect that on 08.02.2017, the impugned notification has been issued by the third respondent for removing Seemakaruvelam trees, but in the notification no required details are found place and under the said circumstances the petitioner has not been able to participate in the auction and therefore the impugned notification is liable to be quashed. 4.The learned Special Government Pleader appearing for the respondents has also equally contended to the effect that for the purpose of removing Seemakaruvelam trees proper notification has been issued and one Akbar has become a successful bidder and he has also given an undertaking to remove all Seemakaruvelam trees on or before 20.03.

2017 and under the said circumstances the relief sought in the writ petition cannot be granted. 5.It is a well known fact that in W.P(MD)No.16485 of 2015, this Court has directed to remove all Seemakaruvelam trees which are in existence throughout Tamil Nadu. Under the said circumstances, the respondents have taken proper steps for removing the same. It is also equally an admitted fact that in the instant case, the third respondent has issued the notification dated 08.02.2017 for conducting auction.

6.The main contention putforth on the side of the petitioner is that in the impugned notification required particulars are not found place so as to facilitate the general public for taking part in auction.

7.In fact this Court has perused the impugned notification, wherein clear particulars are found place to identify the places. 8.Considering the fact that in the impugned notification sufficient particulars are available so as to participate in the public auction and also considering that already auction has been conducted and one Akbar has become a successful bidder, this Court is of the view that the present writ petition is nothing, but

frivolous and only with the oblique motive, the petitioner has come forward with the present writ petition and therefore the same is liable to be dismissed.

9.In fine, this writ petition is dismissed without costs. Consequently, connected Miscellaneous Petitions are dismissed. Sd/- Assitant Registrar(AD II) /True copy/ Sub Assistant Registrar To

1. The District Collector, District Collectorate Office, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3. The Tahsildar, Tirupuvanam Taluk, Sivagangai District.

4. The Block Development Officer, Tirupuvanam Taluk, Sivagangai District.

+1cc to M/s.S.RAJASEKAR, Advocate, in SR No. 13643 Smn AAM-SV MMS/15.03.2017 3P 6c ORDER MADE IN W.P(MD)No.4068 of 2017 and W.M.P(MD)Nos.3225 to 3227 of 2017 09.03.2017