1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2011 CORAM THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition(MD) No.1240 of 2011 & M.P.(MD)No.1 of 2011 Writ Petition(MD)No.1533 of 2011 & M.P.(MD)No.1 of 2011 W.P.(MD)No.1240 of 2011 R. Subramanian .. Petitioner -vs- 1. The District Collector, Trichy District. 2. The Block Development Officer, Thottiyam, Trichy District. 3. The President, Elurpatti Panchayat, Elurpatti, Thottiyam Taluk, Trichy District. 4. Balan 5. T. Ravikumar 6. P. Muthuswamy ... Respondents (R-4 impleaded as per order of the Court dated 21.2.2011 in M.P.(MD)No.2 of 2011) (R-5 impleaded as per order of the Court dated 2-3-2011 in M.P.(MD)No.3 of 2011) (R-6 impleaded as per order of the Court dated 2-3-2011 in M.P.(MD)No.4 of 2011) This writ petition is filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the respondents 2 and 3 to follow the rules contemplated under the Tamil Nadu Transparency in Tenders Rules, 2000 by giving proper publication to the public and proceed further in pursuant to the proceedings of the second respondnet in Na.Ka.No.A3/2614/2008-2-12-2008 dated 23.12.2010 regarding cutting of Karuvela Trees in Vadakku Aeri and Therku Aeri of Elurpatti Village, Thottiyam Taluk, Trichy District. W.P.(MD)No.1533 of 2011 N. Pappannan ... Petitioner Vs. 1. The District Collector, Trichy, Trichy District. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The Assistant Director of Panchayat, Collector's Office Campus, Trichy, Trichy District. 3. The Block Development Officer, Thottiyam, Trichy District. 4. The President, Elurpatti Panchayat, Elurpatti, Thottiyam Taluk, Trichy District. ... Respondents This writ petition is filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus forbearing the second and third respondents from proceeding with the public auction for cutting of Karuvela trees in Vadakku Aero and Therku Aeri based on the proceedings of the second respondent in Na.Ka.No.A3/2614/2008-2-12-2008 dated 23.12.2010 not otherwise than due process of law contemplated under the Tamil Nadu Transparency in Tenders Rules, 2000 by giving proper publication to the public and proceed with the same. For Petitioner in W.P(MD).1240/2011 :: Mr.B.Prasana Vinoth For Petitioner in W.P(MD).1533/2011 :: Mr.B.Prahalad Ravi for M/s.Hallmark Associates For RR-1 & 2 in W.P(MD).1240/2011 :: Mr.R.Janakiramalu, & RR-1 to 3 in W.P(MD).1533/2011 Special Government Pleader For R-3 in W.P(MD).1240/2011 & :: No appearance & R-4 in W.P(MD).1533/2011 For R-4 & R-5 in W.P(MD).1240/2011 :: Mr.R.Senthilkumar For R-6 in W.P(MD).1240/2011 :: Mr.A.G.Gopalamanikandan COMMON ORDER (Order of the Court was made by N.PAUL VASANTHAKUMAR, J.) The common prayer in both the writ petitions is to direct/forbear the respondents from proceeding with the public auction for cutting of Karuvela trees in Vadakku Aeri and Therku Aeri based on the proceedings of the second respondent/Block Development Officer in Na.Ka.No.A3/2614/2008-2-12-2008 dated 23.12.2010, not otherwise than due process of law contemplated under the Tamil Nadu Transparency in Tenders Rules, 2000 by giving proper publication to the public and proceed with the same. 2. It is the case of the petitioners that they are the residents of Elurpatti Village and in the said village two tanks, viz., Vadakku Aeri and Therku Aeri are located viz., Vadakku Aeri comprised of 27.18 Hectares and Therku Aeri comprised in 21.04 Hectares. The said tanks vest with the Panchayat. There are number of Karuvela Trees standing in the said tanks. The Block Development Officer, Thottiam, by his auction notice dated 23.12.2010 made publication that on 18.1.2011 at about 11.00 a.m. open auction will be conducted regarding cutting of Karuvela Trees in the above said two tanks, at the office of the Panchayat President of https://hcservices.ecourts.gov.in/hcservices/ 3 Elurpatti Panchayat. The EMD fixed was Rs.2,00,000/- for Vadakku Aeri and Rs.1,00,000/- for Therku Aeri. The lowest bid amount was fixed as Rs.25 lakhs. The said notification was published in Dina Bhoomi Daily. 3. Petitioners state that number of persons were present on the date of auction, however, the auction was postponed. The next date of auction was not intimated. According to the petitioners it was also informed that fresh paper publication will be made in the newspapers, but without making any fresh paper publication, only tom-tom was made on 30.1.2011 stating that auction will be conducted on 2.2.2011. Pointing out the said non-publication of fresh auction date, the present writ petitions are filed for the above relief. 4. The Special Government Pleader filed counter affidavit and typed set of papers, which contains paper publications dated 27.1.2011 and 30.1.2011 stating that the auction will be conducted on 2.2.2011. The said paper publication was made in Dhina Bhoomi Daily as it was published earlier when original date of auction was published on 18.1.2011. 5. In the light of paper publication made on 27.1.2011 and 30.1.2011, pursuant to which the auction was conducted on 2.2.2011, the same cannot be found fault with. The submission that only tom-tom was made without any publication is now disproved by the respondents by producing paper publication dated 27.1.2011. It is further submitted that the 4th respondent in W.P.(MD)No.1240 of 2011 has been declared as successful bidder for two aeries, the bid amounts being Rs.18 lakhs and Rs.9 lakhs respectively. 6. In view of the above said facts, we are satisfied that the respondents have followed the procedures while conducting auction on 2.2.2011 and no case is made out to issue writ of mandamus as sought for in these writ petitions. Consequently both the writ petitions are dismissed. No costs. Connected miscellaneous petitions are closed. If the petitioners still feel that the auction is not properly conducted and confirmed illegally, it is for them to challenge the same in a separate proceedings. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1. The District Collector, Trichy, Trichy District. 2. The Assistant Director of Panchayat, Collector's Office Campus, Trichy, Trichy District. 3. The Block Development Officer, Thottiyam, Trichy District. 4. The President, Elurpatti Panchayat, Elurpatti, Thottiyam Taluk, Trichy District. +3CC TO THE SPECIAL GOVERNMENT PLEADER, SR.11451,11453, 10977 Vr SR : 29.03.2011 : 3p/8c W.P.(MD) Nos.1240 & 1533/2011 02-03-2011 https://hcservices.ecourts.gov.in/hcservices/