Madras High Court
K.Nachiappan vs The Government Of Tamil Nadu on 9 June, 2015
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.06.2015
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)No. 14144 of 2014
K.Nachiappan ...
Petitioner
Vs.
1. The Government of Tamil Nadu,
rep. by its Secretary,
Forest and Environmental Department,
Fort St. George, Secretariat,
Chennai-600 009.
2.Tamil Nadu Forest Plantation
Corporation Limited,
rep. by its Managing Director.
Karur Road, Mallachipuram,
Kambarasampettai,
Trichy-620 101.
3.Tamil Nadu Paper Limited (TNPL),
rep. by its Deputy General Manager,
Kagithapuram, Karur,
Karur District.
4.The Regional Manager,
Tamil Nadu Forest Plantation
Corporation Limited,
Subramaniapuram,
Karaikudi,
Sivagangai District.
5.The Regional Manager,
Tamil Nadu Forest Plantation
Corporation Limited,
No.173-G, Pattukkottai Road,
Aranthangi.
6.The Regional Manager,
Tamil Nadu Forest Plantation
Corporation Limited,
Machuvadi,
Pudukkottai District. ... Respondents
Prayer
Petition filed under Article 226 of the Constitution of India for the
issuance of a Writ of Mandamus directing the 2nd respondent herein to
consider the representation of the petitioner dated 4.8.2014 and continue
the tender process of Thaila trees in the regions coming under the control
of the 2nd respondent, within the time frame fixed by this Hon'ble Court.
!For Petitioner : Ms.P.Kalaiyarasi Bharathi
for M/s.Udhaya Law Associates
For Respondents : Mr.K.Guru
Addl. Govt. Pleader for R1
Mr.T.S.Md. Mohideen
Special Govt. Pleader for R2 to R6.
:ORDER
The petitioner seeks for a Mandamus directing the 2nd respondent herein to consider the representation of the petitioner dated 4.8.2014 and continue the tender process of Eucalypts trees in the regions coming under the control of the 2nd respondent.
2. The case of the petitioner is that the second respondent is planting Thaila trees and sending the one portion of big logs to the third respondent for the purpose of manufacturing papers and the remaining portion of Thaila trees was sold through local registered contractors by conducting tender. The petitioner is one of the registered Contractor of the second respondent. The second respondent, Tamil Nadu Forest Plantation Corporation Limited is comprised of totally three regions, namely, Sivagangai, Pudukottai and Aranthangi. For the past 40 years, a tender process was there in respect of tendering the Thaila trees, wherein the local registered contractors, like the petitioner, will participate in the tender and the successful bidder will get Thaila trees from the second respondent and the same was processed and sold for various purposes, likewise in manufacturing of papers and other medicine purposes. From the year 2012 onwards, the said tender process has been stopped and the Thaila sticks are directly taken away by the third respondent and the third respondent with the help of imported machines is processing the above said Thaila sticks. Therefore, the people, who are mainly depending upon the processing work, are greatly affected. Therefore, the petitioner submitted a representation on 04.08.2014 before the respondents 2, 4 and 6 herein. Since no action has been taken so far, the petitioner has come before this Court.
3. The second respondent filed a counter affidavit, wherein at paragraph 8 it has been stated as follows:-
?8. It is submitted that the averment of the petitioner is not true pertaining to para 8 and 9 of the Affidavit, Representation mentioned by the petitioner is also taken into consideration and take appropriate action and to continue to selling not only Eucalphtus Lop and Top ends, but also Forest Produces like Eucalptus Dead trees, Uprootal of stumps, Lop & tops, miscellaneous cut-materials, Minor Forest Produces, Cashew Dead & Borer Trees, Wind fallen trees, Thinning trees and Cashew Uprootal of stumps purely on commercial basis. In this regard, it is submitted that considering the huge quantity and varieties of Forest produce offered by the Second Respondent Corporation to the General Public through auction/tender as said above, the quantum of Eucalptus (Thaila) Lop and Top ends is negligible one and it no way affects the live hood of the public as averred by the petitioner. The 4th, 5th & 6th respondents conducted sale of Lop & top ends during 2012-13 to a quantity of 2888.550 MT,2965.850 MT & 4734.88 MT and realized revenue to the tune of Rs.55,97,716/-, Rs.52,10,951/- & Rs.88,21,721 respectively. Similarly, during 2013-14, also a quantity of 4764.00 MT of Lop & Top ends were sold to contractors in these regions and realized a revenue of Rs.2,06,59,997/- to the Corporation. The public gets more benefits also by availing the other Forest Produce excluding Lop & Top ends. TAFCORN is giving dividend to the Government annually and during the year 2013-14 it is to the tune of 6.96 Crore which is used for public purpose by the Government. It is also pays huge amount to Forest Department in the form of lease rent which also goes to Government only and in turn used by the Government for Public Welfare.?
3. Recording the same, the writ petition is disposed of. Since the Government decides to go for public action, it is always open to the petitioner to participate in the public auction. No costs.
To
1. The Secretary, Forest and Environmental Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Managing Director.
Tamil Nadu Forest Plantation Corporation Limited, Karur Road, Mallachipuram, Kambarasampettai, Trichy-620 101.
3.The Deputy General Manager Tamil Nadu Paper Limited (TNPL), Kagithapuram, Karur, Karur District.
4.The Regional Manager, Tamil Nadu Forest Plantation Corporation Limited, Subramaniapuram, Karaikudi, Sivagangai District.
5.The Regional Manager, Tamil Nadu Forest Plantation Corporation Limited, No.173-G, Pattukkottai Road, Aranthangi.
6.The Regional Manager, Tamil Nadu Forest Plantation Corporation Limited, Machuvadi, Pudukkottai District.