S.MUTHUAMAN Vs. DISTRICT COLLECTOR,

JUDGEMENT

(1.) Prayer:-

(2.) The first respondent had published a notification in the District Gazette in proceedings A1/3740/2015 dated 13.08.2016 about the decision to issue public auction notice for issuing licence for cutting and removal of seema karuvel trees (Julifora) in Survey No 91, Periyakottai Kanmoi, in V.Pudhukulam Group of villages, Sivaganga Taluk, admeasuring 122.14.00 hectares. The petitioner had participated in the public auction conducted on 19.08.2016 and was a successful bidder quoting the highest value of Rs.9,16,000/- (Rupees Nine Lakhs Sixteen Thosusand only). The petitioner had paid Rs.5 lakhs on 29.08.2016, Rs.4.16 lakhs on 10.12.2018. Additional caution deposit of Rs. 2,29,000/- was also paid by the petitioner on 10.12.2018 through SBI, Sivaganga. The license was issued on 11.12.2018 valid through 12.06.2019. The conditions of the license are spelt out in the license.

(3.) The petitioner was enjoying the license/leasehold rights uninterrupted until 15.02.2019 when the second respondent set aside the lease without any notice to the petitioner. The petitioner challenged the same by way of a writ petition and this Court vide order dated 15.04.2019 in WP (MD) Nos 4267 of 2019 allowed the Writ petition on the ground of violation of principles of natural justice. The certified copy of the above order was made available to the petitioner on 24.04.2019 and within 2 days, that is, on 26.04.2019 the first respondent issued a Show Cause Notice to the petitioner proposing to cancel the lease. The petitioner preferred Writ petition WP No 11142 of 2019 against the above Show Cause Notice dated 26.04.2019 and this court vide Order dated 29.04.2019 disposed of the case directing the petitioner to offer his explanation to the Show Cause Notice with an instruction to the first respondent to consider the explanation without any pre determination.