V. M. MOOSA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed to issue a Writ of Declaration, to declare that Rules 3 and 4 of Tamil Nadu Sandalwood Trees on Patta Land Rules, 2008, is only discretionary, not mandatory and subsequently, amend the provision to enable the owner of the Sandalwood Tree to sell the Sandalwood Tree not only to the Government, but also any other Nodal Agencies. Heard Mr. S. Muthalraj, learned Counsel appearing for the petitioner and Mr. K. Chellapandian, learned Additional Advocate General, assisted by Mr. A.K. Baskarapandian, learned Special Government Pleader appearing for the respondents.

(2.) BY consent, the writ petition itself is taken up for final disposal.

(3.) ACCORDING to the petitioner, the Agency is giving technical and financial support to the sandalwood growers and they will give better returns. The grievance of the petitioner is that despite his request to the respondents i.e., Forest Department, to give prior permission so as to enable the petitioner to enter into a bipartite agreement with the Nodal Agency of the other State, the authorities refused to grant the permission and therefore, he filed W.P. (MD) No. 12315 of 2011, which came to be dismissed as withdrawn with liberty to challenge the Rules and as a consequence the present writ petition is filed for the relief as above.