Dismissed

Deiva Sigamani v. the District Collector

Madras HC14 Mar 2022WP/30839/2013

Case brief

AI extract

What is this about?

Petitioner challenged the auction for cutting Babool trees in a Panchayat Tank as illegal. The court dismissed the writ petition, ruling the issue was not res integra as a Division Bench of this Court had already decided the related matter in Karuppanna Gounder's case.

What did the court decide?

Petitioner's writ petition is dismissed. Connected miscellaneous petitions are closed.

Deiva Sigamani Vs the District Collector — Land Acquisition | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.03.2022

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CORAM :

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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WRIT PETITION NO.30839 OF 2013

Deiva Sigamani

... Petitioner

vs.

The District Collector, Collectorate, Villupuram.

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The Assistant Director of Panchayats, Office of the District Collector, Villupuram.

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The Commissioner, Panchayat Union, Gingee, Villupuram District.

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Athiyoor Panchayat, rep. by its President, Gingee Union & Taluk, Villupuram District.

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Kumar ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Declaration, declaring the action of the 4^th Respondent in conferring the auction for cutting/removing/taking Babool trees (Karuvelam maram) and other trees in the Tank/River Bed under the control of the 4^th Respondent Athiyoor Panchayat in favour of the 5^th Respondent/his nominees and agent in the auction alleged to have been held on 07.11.2013 or any other date as illegal, malafide, arbitrary, contrary to the provisions of the Tamilnadu Transparency in Tenders Act and the Tamil Nadu Panchayat Act.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.R.Raji for M/s.S.Saravanakumar For Respondents 1 to 4 : Mr.P.Ananda Kumar, Government Advocate For 5^th Respondent : No appearance

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O R D E R

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Petitioner has come up with this Writ Petition seeking to declare the action of the 4^th Respondent in conferring the auction for cutting/removing/taking Babool trees (Karuvelam maram) and other trees in the Tank/River Bed under the control of the 4^th Respondent Athiyoor Panchayat in favour of the 5^th Respondent/his nominees and agent in the auction alleged to have been held on 07.11.2013 or any other date as illegal, malafide, arbitrary, contrary to the provisions of the Tamilnadu Transparency in Tenders Act and the Tamil Nadu Panchayat Act.

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According to the Petitioner, is the approved auctioneer for Forest Department. Over a period of time, Karuvelam maram (Babool tree) and other trees have grown in the Tank/River bed belonging to the 4^th Respondent/Anthiyur Panchayat, Gingee Union & Taluk, Villupuram District On coming to know that, auction is going to be held in the 4^th Respondent Panchayat Office on 07.11.2013 for cutting of Karuvelam maram, which had grown in the Tank belonging to the 4^th Respondent/Anthiyur Panchayat, the Petitioner intended to participate in the auction. However, he was informed that the auction was over. In that regard, the Petitioner made a representation dated 07.11.2013 to Respondents 1 to 3 to take action and conduct auction in a transparent manner, so that, the highest bidder would be given the tender. Challenging the action of the Official Respondents in illegally granting permission to the 5^th Respondent and his agents to cut the trees in the Panchayat Tank for a throw-away amount of Rs.1,64,000/-, even though, he was ready to bid for Rs.5,00,000/-, the Petitioner has come up with this Writ Petition.

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Learned Government Advocate appearing for Respondents 1 to 4, with reference to the counter Affidavit filed by the 4^th Respondent submitted that, the Government has taken steps for removal of Seemai Karuvelam trees, in accordance with the provisions of the Tamil Nadu Panchayat Act.

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https://hcservices.ecourts.gov.in/hcservices/

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When the issue regarding removal of bushes and seemai Karuvelam Trees came up for consideration in the case of Karuppanna Gounder vs. The District Collector, Dindigul District, before a Division Bench of this Court (Madurai Bench) in W.P.(MD) No.22149 of 2015, by an order dated 20.12.2016, the Division Bench allowed the said Writ Petition, based on the undertaking made by the 6^th Respondent therein that, he would remove seemai karuvelam trees. For better appreciation, relevant portion of the said order is extracted hereunder:

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“5. Considering the averments made in the petition and also considering the undertaking given by the sixth Respondent, this Court is of the view to pass the following order.

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In fine, this Writ Petition is allowed without costs and the Respondents 1 to 4 are directed to take appropriate steps to remove bushes and seemai karuvelam trees from Survey Nos.616, 619, 620 and 621 in Semmadaipatti, Palakanoothu Village, Dindigul District under due process of law within a period of three months. Further, the Respondents 1 to 4 are directed to make proper arrangements to get free flow of water to water tank.”

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As the issue in the case on hand is no longer res integra and that, it has already been decided by a Division Bench of this Court (supra), this Court finds no reason to grant the relief sought in this Writ Petition.

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Hence, this Writ Petition stands dismissed. No costs. Consequently, connected M.P.No.1 of 2013 and M.P.No.1 of 2014 are closed.

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Sd/-

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Assistant Registrar(CS-VII)

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//True Copy//

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Sub Assistant Registrar

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(aeb)