M. MUTHUPANDI Vs. DISTRICT COLLECTOR, VIRUDHUNAGAR AND OTHERS

JUDGEMENT

(1.) The writ petitioner is the appellant and he filed W.P(MD)No.1564 of 2018, praying for the issuance of a Writ of Mandamus, directing the first and second respondents, to cancel the auction, conducted on 06.12.2017 and to conduct re-auction to lease out the rights to cut the Veli Karuvela trees in Survey No.1/1 of Kattanur Kanmai, Kattanur Village Group, Thiruchuli Taluk, Virudhunagar District.

(2.) The petitioner, pending disposal of the same, filed W.M.P(MD)No.1650 of 2018, praying for an order interim injunction restraining the fifth respondent - successful bidder, from cutting and selling the Veli Karuvela trees in Survey No.1/1 of the said place. The learned Judge, vide impugned order, dated 29.01.2018, has noted down the fact that the auction was conducted on 06.12.2017 and the confirmation of the auction was done on 15.12.2017 and that the work order was also issued on 05.01.2018 and in the light of the same, the work has also been commenced, with effect from 06.01.2018, felt that it is not preferable to grant any interim order, at this stage, and challenging the legality of the said order, he came forward to file this writ appeal.

(3.) The writ appeal was listed for admission on 31.01.2018 and on that day, it was submitted by the learned counsel appearing for the appellant/writ petitioner that the Seemai Karuvelam trees, weighing about 8,550 Tonnes were valued at Rs. 1,71,00,000/- [Rupees one crore and seventy one lakhs only] and whereas, it was knocked down in favour of the fifth respondent, only for a paltry sum of Rs. 38,00,000/- [Rupees thirty eight lakhs only] and on instructions, would submit that either the appellant/writ petitioner or the third party is willing to pay a sum of Rs. 1,00,00,000/- [Rupees one crore only] for getting licence to remove the said trees and recording the said submission, this Court felt that prima facie case has been made out for granting an interim order and accordingly, granted an interim order of status quo as exist on 31.01.2018, till 05.02.2018 and on that day, directed the appellant/writ petitioner or the persons identified by him, to bring a Demand Draft for a sum of Rs. 1,00,00,000/- [Rupees one crore only] drawn in favour of the second respondent and with the further direction, directing them to produce copies of Aadhaar Cards as well as PAN cards. The matter was listed on 05.02.2018 and on that day, the learned counsel appearing for the appellant/writ petitioner prayed for short accommodation and therefore, it was directed to be listed today, since the learned counsel appearing for the appellant/writ petitioner once again prayed for time to bring a Demand Draft of Rs. 1,00,00,000/- [Rupees one crore only] either by him or by the persons identified by him.