BABU TIMBERS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (Petitions filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondents to issue Form III permits to the petitioner at the Tamil Nadu Forest Department Check Post of Tamil Nadu - Karnataka border when the petitioner's consignment of silver oak timber logs with valid documents except Transport Permit is transported from the State of Karnataka into the State of Tamil Nadu by the petitioner.) Common Order: The petitioners were all timber merchants and in the present writ petitions, they are seeking for a direction to the respondents to issue Form III permits issued under the Tamil Nadu Timber Transit Rules 1968 [for short, 'Timber Transit Rules'] prescribed under Section 35 of the Tamil Nadu Forest Act, 1882. Rule 2 of the Timber Transit Rules provides for condition of the transport of timbers and Rule 3 prescribes the form of permits and Rule 4 deals with the issue of permits by the authorities and it prescribes Form I, Form II and Form III.

(2.) IN the present case, the petitioners state that they were bringing the Silver Oak timber logs from the State of Karnataka with valid documents and transit permit issued by the Karnataka Government and while they enter into the checkposts set up by the Tamil Nadu Forest Department, permit in Form III is required. The authorities are not issuing the Form III permits since the petitioners do not carry Form II permits and in the State of Karnataka, the Silver Oak tree is exempted from the purview of the operation of the Karnataka Forest Rules, 1969 by virtue of modification dated 23.12.2004. Even the State of Tamil Nadu, by G.O. (Ms.) No.216, Environment and Forest (FR-13) Department dated 08.7.2004 issued under the Tamil Nadu Forest Act, 1882 had deleted the Silver Oak tree from the list of scheduled timber.

(3.) I have heard Mr.V.Radhakrishnan, learned counsel appearing for the petitioner and Mr.Titus Jesudoss, Special Government Pleader representing the respondents and have perused the records.