Uthirasami vs The District Forest officer

M. Sathyanarayanan, J.

The facts leading to the filing of this writ appeal have been narrated in detail in the impugned order and therefore, it is unnecessary to state the same once again.

The Court heard the learned Counsel appearing for the appellant/writ petitioner, who would submit that the writ petitioner made an oral application for grant of permit to transport Eucalyptus wooden-logs and in the counter affidavit filed by the official respondents, they took a stand that permission had been granted to M/s.Tata Coffee Limited to fell 1470 Eucalyptus Grandis trees in S.F.No. 33/1, 33/19A and 33/6 of Anamalai Hills Village in Patchamalai estate vide District Collector of Coimbatore/Chairman of the District Forest Committee Proceedings No. 13120/2013/E1, dated 24.1.2014 and no permission was accorded to fell the species of such trees and a further stand was also taken in the counter affidavit, that the writ petitioner has not approached the Forest Range Officer, Valparai to issue Form-II permits for the removal of Eucalyptus Grandis logs to other States in writing. The petitioner was also informed as per the directions of the Principal Chief Conservator of Forests, Chennai, that Eucalyptus Grandis logs cannot be permitted to be transported to other States and it was issued in accordance with G.O.Ms.No. 728, Forest and Fisheries Department, dated 17.3.1978.

Learned Counsel appearing for the appellant, would further submit that in the light of the observations made in para 9 of the impugned order passed in the writ petition, the appellant may be permitted to submit an application seeking permission in terms of Tamil Nadu Timber Transit Rules, 1968, to the concerned authority and they may be directed to pass appropriate orders.

The Court heard the submissions of Mr. N. Inbanathan, learned Government Advocate appearing for the respondents, also, who has drawn the attention of this Court to the proceedings of the Collector of Coimbatore District/Chairman of the District Forest Committee and would submit that in the absence of any written application, the permission sought for by the writ petitioner, cannot be granted and he has also drawn the attention of this Court to the counter affidavit filed by the official respondents in the writ petition.

In the light of the observations made in para 9 of the impugned order passed in the writ petition, it is open to the appellant/writ petitioner to submit an application in terms of Tamil Nadu Timber Rules, 1968, to the District Collector of Coimbatore/Chairman of the District Forest Committee seeking necessary permit, within two weeks from the date of receipt of copy of this order and the said official on receipt of the same, is directed to consider and dispose it of in accordance with law as expeditiously as possible and not later than four weeks from the date of receipt of the said application.

The writ appeal is dismissed subject to the above observations. No costs. Consequently, connected MP is also dismissed.