D MOHAMED ICKRA MULLA Vs. DISTRICT COLLECTOR, DISTRICT FOREST OFFICER AND ORS

JUDGEMENT

(1.) The prayer in the Writ Petition is for issuing a Writ of Mandamus directing the first respondent to issue license for cutting Karuvela Trees in V. Karisalkulam Village under the first respondent by conducting fresh auction sale transparently and also permit the petitioner to participate in the said auction as per his eligibility.

(2.) The case of the petitioner is that the second respondent issued a notification by his proceedings dated 23.08.2010 stating that Karuvela Trees available in Sivagangai District are to be sold by public auction, which was scheduled to be conducted on 15.10.2010. The petitioner participated in the said sale by participating in auction for grant of license to cut Karuvela Trees in V. Karisalkulam Village Panchayat, which is notified as serial No. 33 in the said notification. Totally, three persons participated for the said auction insofar as Serial No. 33 is concerned. The offer made by the petitioner was the second highest bid. According to the petitioner, the local villagers and other traders created noisy scene and demanded fresh auction sale for their participation also. According to the petitioner's version, the second respondent, on considering commotion, informed that the auction for V. Karisalkulam Village Panchayat, Sivagangai District, was postponed. However, the second respondent chose to confirm the auction in favour of the third respondent, who offered a sum of Rs. 3,41,055/-as bid amount.

(3.) As per the auction notification issued by the second respondent dated 23.08.2010, persons giving objections for the conduct of auction can submit their objection along with their offer amount by enclosing cheque for the said sum and the objection received without enclosure of the cheque will not be considered. The petitioner, before confirming the offer made by the third respondent, submitted his objection by enclosing a cheque for a sum of Rs. 7,00,000/-on 28.10.2010 and it is his case that auction was not confirmed till 28.10.2010. The objection of the petitioner was submitted before the first respondent and a copy of the same was also submitted before the second respondent. The said objection, having not been considered, the petitioner has filed this Writ Petition on 01.11.2010. This Court, having noticed the higher offer made by the petitioner for a sum of Rs. 7,00,000/-and the earlier offer made by the third respondent being Rs. 3,41,000/-ordered notice and passed an order of interim injunction on 02.11.2010 till 15.11.2010, if no confirmation had been made in favour of the third respondent till the said date. According to the petitioner, having got knowledge about the interim order passed by this Court, on 02.11.2010, the second respondent has hastily confirmed and handed over the confirmation order to the third respondent by ante dating the same, as if it was confirmed on 01.11.2010, though normally the same has to be sent by post. The petitioner has filed Contempt Petition (MD). No. 701 of 2010 for the alleged violation of the interim order passed by this Court dated 02.11.2010.