A.R.KARTHICK Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner to quash the Special Terms and Conditions for Global e-Tender cum e-Auction No.23248 held on 29.12.2018 for sale of Red Sanders Wood of the 2nd respondent and to forbear the respondents from issuing confirmation of sale to the successful bidder pursuant to the e-Tender cum e-Auction No.23246 held on 29.12.2018.

(2.) The facts which are necessary for the disposal of the writ petition could be briefly summarised as hereunder :- The Government of Tamil Nadu has taken a decision to sell a large quantity of seized red sanders wood to the extent of 299.732 MT through global e-Tender cum e-Auction. The Chief Conservator of Forests, Government of Tamil Nadu, vide his letter dated 5.5.16, had requested the Government of India, for issuance of No Objection Certificate from Convention on International Trade in Endangered Species (CITES) to export 299.732 MT of red sanders wood and requested for relaxation of the export policy for export of red sanders logs (confiscated). In pursuance to the various efforts taken by the authorities concerned, the Government of India, Ministry of Commerce, Director General of Foreign Trade has issued notification dated 2.9.16 permitting the Government of Tamil Nadu to export red sanders in log form and time limit was originally fixed upto 31.8.17 which was subsequently extended upto 30.4.2019, vide notification dated 3.10.16.

(3.) Thereafter, Government of Tamil Nadu, vide G.O. (D) No.160, Environment and Forests Department, dated 29.6.2017 accorded due permission for engaging the services of the 3rd respondent for conducting the sale of red sanders wood through global e-Tender cum e-Auction and export of red sanders in addition to their e-auction services. In pursuance of the agreement between the 3rd respondent and the Government, a global advertisement was issued on 29.11.18 calling for interested parties to register themselves with the 3 rd respondent. According to the advertisement, the intending bidders have to go through the special terms and conditions for the tender-cum-auction as well as the general terms and conditions and in addition to buyer specific terms and conditions, which could be seen and downloaded from the Homepage of the e- auction website. The pre-bid meeting was also conducted on 19.12.18 at the office of the Principal Chief Conservator of Forests.