S MUTHURAMAN Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) The petitioner claims to be the Secretary of Sivagangai District Forest, Revenue, PWD and Local Authority Tree Lease Holders Welfare Association, Sivagangai. The affidavit filed in support of the Writ Petition would aver among other things that in Sivagangai District, firewood trees such as Karuvel and Velikarvel trees were grown providing livelihood to a substantial portion of the population and the said lands are under the control of either the Forest Department or the Revenue or the Public Works Department besides the Local Authorities. Each Department would bring it for auction license/lease to cut and remove the said trees. The petitioner would further aver that license would provide for cutting and removing the trees within the specified land clearly describing the area and survey number so as to enable the intending licensees to identify the land and assess the yield and to participate in the auction. However, in the impugned notification, dated 26.09.2017, issued by the first respondent, such particulars are lacking and therefore the bonafide traders are not in a position to participate in the auction by physically verifying the trees grown in a particular area and as a consequence of which, there would be a revenue loss to the concerned authorities.

(2.) The petitioner has also pointed out that similar auction proceedings were conducted by the Revenue authorities, wherein clear description of survey numbers, extent of area and details of trees were mentioned and in all fairness, the first respondent ought to have followed the same procedure and conduct auction and since it has not been done so, the petitioner was constrained to approach this Court by filing this Writ Petition.

(3.) The Writ Petition was entertained on 11.10.2017 and this Court passed an order to the effect that auction, dated 110.2017 shall go on and made it clear that the first respondent shall not confirm the auction until further orders and the bids received from the concerned authorities are directed to be kept in a sealed cover.