Madras High Court
The Government Of Tamil Nadu vs M.Mahendraboopathy on 26 April, 2021
W.A.(MD)No.1043 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1043 of 2021
and
C.M.P.(MD).Nos.4657 & 4658 of 2021
1. The Government of Tamil Nadu,
Represented by Additional Chief Secretary to Government,
Industries Department,
Fort St.George, Chennai-600 009.
2. The Commissioner of Geology and Mining,
Guindy, Chennai-600 032.
3. The District Collector,
Tirunelveli District, Tirunelveli.
4. The District Forest Officer,
Tirunelveli Division,
Tirunelveli-7. : Appellants
Vs.
M.Mahendraboopathy : Respondent
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W.A.(MD)No.1043 of 2021
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order passed by this Court in
W.P.(MD).No.10640 of 2018, dated 21.08.2019.
For Appellants : Mr.K.P.Krishnadoss
Special Government Pleader
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up for
final disposal.
2.Heard Mr.K.P.Krishnadoss, learned Special Government
Pleader appearing for the appellants.
3.This appeal by the Government is directed against the order
dated 21.08.2019 in W.P.(MD)No.10640 of 2018.
3.Though there are varied prayers sought for by the
respondent / writ petitioner, the ultimate direction issued by the Writ
Court is to refund 10% of the license amount which was deposited by the
writ petitioner to participate in the tender-cum-auction by the department
for rough stone quarries and for no fault committed by the respondent /
writ petitioner, the auction could not be held.
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W.A.(MD)No.1043 of 2021
4.To be precise, the reason being there is an order passed by the
Hon'ble Division Bench in the case of S.Poothathan Vs. The District
Collector, Tirunelveli & others in W.P.(MD)Nos.6279 and 6351 of
2018 dated 10.09.2018. Consequently, the auction did not take place.
As a result of which, the amounts paid by the respondent / writ petitioner
still remained with the department. Therefore, the learned Writ Court
took into consideration the fact that the respondent / writ petitioner is not
to be blamed for the auction from being conducted and on account of the
judgment of this Court, the appellants could not conduct the auction and
knowing the legal position that no person can be affected and no third
party could be affected, issued a direction to the District Collecotr,
Tirunelveli, to refund 10% of the amount deposited along with interest at
6.5%.
5.The learned Special Government Pleader appearing for the
appellants would vehemently contend that the respondent / writ
petitioner is also to be blamed.
6.We do not agree with the said submission because the State
could not conduct the auction on account of the order passed in a Public
Interest Litigation. The State was unsuccessful in getting the interim
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W.A.(MD)No.1043 of 2021
order vacated nor setting aside the final judgment passed by the Division
Bench. In such circumstances, the respondent / writ petitioner cannot be
held to have contributed for not conducting the auction. Hence, we find
that the order and direction issued by the learned Writ Court is valid and
proper and the quantum of interest award is also quiet reasonable. For
the above reasons, we find no grounds to interfere with the order
impugned in this writ appeal.
7.Accordingly, the Writ Appeal stands dismissed. However, there
shall be no order as to costs. Consequently, the connected miscellaneous
petition is closed.
[T.S.S., J.] & [S.A.I., J.]
26.04.2021
Index : Yes / No
Internet : Yes / No
MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
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W.A.(MD)No.1043 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.1043 of 2021
26.04.2021
https://www.mhc.tn.gov.in/judis/
