IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 20.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.46535 of 2006 and M.P.No.1 of 2006 T.L.Ramasamy .. Petitioner. Versus 1.The Principal Chief Conservator of Forests, Panagal Buildings, Chennai – 600 015. 2.The Conservator of Forests, Vellore Circle, Vellore. 3.The District Forest Officer, Tiruvannamalai Division, Tiruvannamalai. .. Respondents. Prayer: Petition filed seeking for a writ of Mandamus, directing the respondents to issue orders of confirmation of the highest bid of Rs.15,20,000/- of the petitioner at the public auction held on 26/10/2005 by the second respondent with regard to the right of cutting and removing miscellaneous trees in Shenbaga Thope Dam, Catchment Area, Santhaivasal Range, Tiruvannamalai Division for 2005-06 forthwith so as to enable the petitioner to immediately commence the cutting and removing of in the Shenbaga Thope Dam Catchment Area, Santhaivasal Range, Tiruvannamalai Division For Petitioner : Mr.M.Ravi For Respondents : Mr.S.N.Kirubanandam, SGP (F) O R D E R Heard the learned counsel appearing on behalf of the petitioner, the learned Special Government Pleader (Forests) appearing on behalf of the respondent. 2. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner is the successful bidder at the auction held, on 26.10.2005, for the cutting and removing of miscellaneous trees, in Shenbaga Thope Dam, Catchment Area, Santhaivasal Range, Tiruvannamalai Division, for the year 2005-06. https://hcservices.ecourts.gov.in/hcservices/ The petitioner had remitted a sum of Rs.5,20,000/-, which is 1/3rd of the bid amount, under receipt No.165594, dated 26.10.2005. Further, the sale had not been confirmed in favour of the petitioner, in view of the orders passed by the Hon'ble Supreme Court of India on 12.12.1996, in W.P. Civil No.202/95, imposing a complete ban on felling of trees in all forest areas. In such circumstances, the petitioner demanded the re-payment of the amount of Rs.5,20,000/-, remitted by him, with interest. 3. The learned Special Government Pleader appearing on behalf of the respondents, had submitted that the sale in favour of the petitioner could not be confirmed, even though he was the highest bidder in the auction, held on 26.10.2005, in view of the order passed by the Hon'ble Supreme Court of India, on 12.12.1996, in W.P. Civil No.202/95, banning the felling of trees in forest areas. 4. In view of the averments made in the affidavit filed in support of the writ petition and in the counter affidavit filed on behalf of the third respondent and in view of the submissions made by the learned counsels appearing on either side, the respondents are directed to refund the amount of Rs.5,20,000/- to the petitioner along with the interest accrued thereon, at the rate of 6% per annum, from the date of the remittance of the said amount i.e., 26.10.2005, till the date of refunding of the amount to the petitioner. The amount in question shall be refunded to the petitioner, within a period of three months from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. cse To 1.The Principal Chief Conservator of Forests, Panagal Buildings, Chennai – 600 015. 2.The Conservator of Forests, Vellore Circle, Vellore. https://hcservices.ecourts.gov.in/hcservices/ 3.The District Forest Officer, Tiruvannamalai Division, Tiruvannamalai. 1 cc to Mr.M. Ravi, Advocate, Sr. 27700 1 cc to Government Pleader, (Forest) Sr. 27564 Writ Petition No.46535 of 2006 and M.P.No.1 of 2006 LA (CO) kk 9/5 https://hcservices.ecourts.gov.in/hcservices/