1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.1013 of 2011 M.A.T.Arasu .. Petitioner Vs. 1.The Chief Conservator of Forests, 79/81, Anna Salai, Chennai-600 015. 2.The Divisional Forest Officer, Social Forestry Division, Sivagangai. 3.The Divisional Forest Officer, Forestry Division, Ramanathapuram. 4.The District Collector, Sivagangai District, Sivagangai. 5.Mohamed Ickra Mullah .. Respondents (5th respondent impleaded as party vide court order dated 05.04.2011 in M.P.No.3/2011 in WP(MD)No.1013/2011) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent relating to the impugned public auction notification issued by the 2nd respondent in Na.Ka.No.1306/2010, dated 14.08.2010 and published in the 4th respondent District Gazette notification No.34, dated 06.09.2010 and 2nd respondent auction notice dated 15.01.2011 and quash the same and consequently direct the respondents to conduct the public auction transparently and allow the public to participate in the auction with the stipulated condition on merits. For Petitioner : Mr.J.John For Respondents : Mr.T.R.Janarthanan Additional Govt.Pleader for RR-1 to R-4 Mr.Ramu for R-5 O R D E R This Writ Petition has been filed by the petitioner for a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent relating to the impugned public auction notification issued by the 2nd https://hcservices.ecourts.gov.in/hcservices/ 2 respondent in Na.Ka.No.1306/2010, dated 14.08.2010 and published in the 4th respondent District Gazette notification No.34, dated 06.09.2010 and 2nd respondent auction notice dated 15.01.2011 and quash the same and consequently direct the respondents to conduct the public auction transparently and allow the public to participate in the auction with the stipulated condition on merits. 2.Heard Mr.J.John, learned counsel for the petitioner, Mr.T.R.Janarthanan, learned Additional Government Pleader appearing for the respondents 1 to 4 and Mr.Ramu, learned counsel for the 5th respondent. 3.In respect of the relief sought for by the petitioner, interim stay was granted by this court on 28.01.2011 staying the auction proceedings. The order dated 28.01.2011 was modified by the order dated 21.06.2011 as follows: “5......At this juncture, this Court while modifying the earlier order of this Court dated 28.01.2011, made in this writ petition, the second respondent is directed to conduct re-auction immediately for the plantations in V.Karisalkulam Village Panchayat only, Sivagangai District as per the orders of this Court by fixing Rs.8 lakhs as upset price and conduct the auction within four weeks from the date of receipt of a copy of this order giving vide publicity and giving 14 days clear notice empowering to all the villagers to participate in the auction and report same to the Court. 6.Learned counsel for the fifth respondent states that as per the earlier direction of this Court, he has already got a demand draft and deposited a sum of Rs.8 lakhs and since six months getting lapsed on 28.06.2011, the fifth respondent is permitted to renew the demand draft for another six months and handed over the same to the Department.” 4.Consequent to that order, re-auction was conducted. Hence the relief sought for in the writ petition has become infructuous. 5.Accordingly, this writ petition is dismissed as infructuous. Consequently connected miscellaneous petition Nos.1, 2 and 4 of 2011 are closed. Sd/- Assistant Registrar(AE ) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Chief Conservator of Forests, 79/81, Anna Salai, Chennai-600 015. 2.The Divisional Forest Officer, Social Forestry Division, Sivagangai. 3.The Divisional Forest Officer, Forestry Division, Ramanathapuram. 4.The District Collector, Sivagangai District, Sivagangai. +one cc to Special Government Pleader, Sr.No. 24477 W.P(MD)No.1013 of 2011 22.07.2011 VS SMA/02.8.2011/6C/3P https://hcservices.ecourts.gov.in/hcservices/