PRINCIPAL CHIEF CONSERVATOR OF FORESTS Vs. ANU AMBRAILE PROPRIETRIX, AA IMPEX COMPANY AND ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) W.P. No. 25107 of 2007 is filed by the Petitioner challenging the order of the first Respondent/appellate authority, the District Collector, Tiruvallur, dated 29.1.2007, holding that a part of the order of District Forest Officer dated 16.3.2004, is not valid. That is to the extent of cancellation of registration mark by the District Forest Officer as the same was not confirmed by the District Collector as per the Tamil Nadu Timber Transit Rules, 1968 . However, as far as the claim of the Petitioner to decide the same on merit is concerned, the same was rejected on the ground that cancellation of licence is one of the grounds for confiscation of red sanders, against which appeal has been filed before the District Court and therefore, the matter is sub judice.

(2.) The District Court, in Criminal Appeal No. 36 of 2007 filed by the Petitioner in W.P. No. 19105 of 2009, who is also the Petitioner in W.P. No. 25107of 2007, passed the judgment on 4.8.2009 holding that the red sanders seized were covered under the valid licence possessed by the Petitioner and the seizure was without notice and cancellation of Petitioner's licence by the District Forest Officer is not correct and that the Petitioner did not indulge in any illegal exports. The said W.P. No. 19105 of 2009 has been filed by the Petitioner for direction against the Respondents to return to the Petitioner the red sanders wood musical instrument parts weighing about 7069 kgs. lying in the hands of the District Forest Officer in compliance of the judgment of Additional District Judge, Fast Track Court No. III, Tiruvallur dated 4.8.2009 in C.A. No. 36 of 2007.

(3.) The Forest Department viz., the Principal Chief Conservator of Forests filed W.P. No. 25895 of 2009, to set aside the judgment of the Additional District Judge, Fast Track Court No. III, Tiruvallur in C.A. No. 36 of 2007 dated 4.8.2009.