C KALLADIYAN Vs. DISTRICT COLLECTOR AND ORS

JUDGEMENT

(1.) Petitioner seeks Writ of Certiorarified Mandamus to quash the impugned Proceedings of 3rd Respondent in Moo. Mu. Aa.7/23900/08 dated 28.05.2009 permitting the 4th Respondent to cut and remove the trees in S.F. No. 490/1 for Rs. 5,600/-and to direct Respondents 1 to 3 to conduct fresh auction in accordance with law.

(2.) Heard Mr. C. Selvaraj, learned Counsel for Petitioner. We have also heard Mr. K. Balasubramanian, learned Special Government Pleader appearing for Respondents 1 to 3. 4th Respondent to whom permission for cutting and removing the trees for a sum of Rs. 5,600/-was granted served with notice, but has not entered appearance. His name was printed in the cause list.

(3.) For the purpose of upgradation of Elementary School to Middle School in Vanjinipatti village, more space was required and for which the trees in the premises was ordered to be cut and removed. By the impugned Proceedings dated 28.05.2009, 4th Respondent was permitted to cut and remove the trees for Rs. 5,600/-standing in S.F. No. 490/1. Case of Petitioner is that the trees in S.F. No. 490/1 would fetch higher value more than the amount of Rs. 50,000/-and while so, without conducting any public auction the trees were sold for meagre amount of Rs. 5,600/-. In paragraph (5) of his affidavit, Petitioner himself has expressed his readiness to deposit Rs. 40,000/-.