MATHURAMBAL Vs. THE DISTRICT COLLECTOR PERAMBALUR AND ORS.

JUDGEMENT

(1.) THE appellant is the President of the Mettupalayam Panchayat, Veppanthattai Taluk, Perambalur District. In the Panchayat area, there is stated to be several acres of land with plantations and these areas come under 'social forestry'. Thus, the control of these areas is stated to lie with the District Forest Officer (DFO)/third respondent.

(2.) ON 13.08.2012, the third respondent issued a communication to different Panchayats seeking their willingness to take the social forest gardens and participate on the basis of a fair price fixed by the Government. Such willingness was to be accompanied by the approval of the Panchayat Council, as also a certificate of the Assistant Director, Panchayat Union regarding the financial viability of the Panchayat. The cut -off date for responding to the same was specified as 15.09.2012 and the public auction was stated to be held on 25.10.2012. It was made clear that "if the financial viability certificate is not received within 15.9.2012, it is presumed that the Panchayat Unions are not interested to participate in the auction and the sale of garden will be auctioned".

(3.) THE aforesaid was replied to by the third respondent vide a communication dated 30.08.2012, stating that the fair price could not be disclosed at this juncture, but, would be communicated as soon as the receipt of fair price from the Conservator of Forests, who was the competent authority to fix the fair price in respect of plantations put up for auction. The appellant, however, denies the receipt of this letter.