Madras High Court
C.R.Prasanan vs S.N.Kirubanandam on 28 April, 2011
Author: R. Sudhakar
Bench: R. Sudhakar
?IN THE HIGH COURT OF JUDICATURE AT MADRAS %DATED: 28/04/2011 *CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR +WP.11710 of 2011 #Shahira Timbers Traders $Secretary to Government !FOR PETITIONER : C.R.Prasanan ^FOR RESPONDENT : S.N.Kirubanandam :ORDER
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 28.04.2011 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P. No.11710 of 2011 and M.P.No.1 of 2011 Shahira Timbers Traders Rep. by its Proprietor S.Shahida 22-B,Kothagiri Main Road, Odanthurai, Muttupalayam, Coimbatore-641 301. ... Petitioner vs
1. The Secretary to Government, Environment and Forest Department, Fort. St. George, Chennai.
2. The Principal Conservator of Forest, Panagal Maligai, Saidapet, Chennai-15 .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents herein to issue Form III permit to the petitioner firm at the Tamil Nadu Forest Department Check Post of Tamil Nadu-Karnataka Border, when the petitioner 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.
For Petitioner : Mr. C.R. Prasanan For respondents : Mr. S.N. Kirubanandam, Special Government Pleader O R D E R On 11.03.2010, a similar case in W.P. No.4928 of 2010, in para 2, the following order was passed:
"2. The similar relief sought for by the petitioner was considered by a Division Bench and final order has been passed in Writ Appeal Nos.958 to 963 of 2007 confirming the order of the learned single Judge for the above stated relief. One of the condition imposed by the court is that the petitioner should produce a certificate of origin in respect of the goods transported from other State into the State of Tamil Nadu. If the petitioner is able to furnish a certificate as above, the respondents are directed to issue necessary proceedings for transportation of the Silver Oak Timber logs into the State of Tamil Nadu. The petitioner seeks similar relief on the same factual background and respondents have no serious objection for the same.
2. Mr. S.N. Kirubanandam, learned Special Government Pleader (Forest) appearing for the respondents states that mere producing of certificate of origin cannot be sufficient to safeguard the interest of the department. The petitioner may be directed to submit the proof of owner-ship of the goods which is sought to be transported as it has come to the notice of the respondents that there is large scale smuggling of timber. In order to avoid illegal transport of goods as above, the documents to show legal ownership may be imposed.
3. Considering the said statement, the petitioner will be entitled to transport silver oak timber logs subject to following conditions:
i) Certificate of origin in respect of the goods transported from other state into State of Tamil Nadu.
ii) Document to show legal owner ship of the timber sought to be transported.
4. The writ petition is ordered on the above terms. No costs. Consequently, connected M.P. is closed.
28.04.2011 Index : Yes/No Internet : Yes/No rrg To
1. The Secretary to Government, Environment and Forest Department, Fort. St. George, Chennai
2. The Principal Conservator of Forest, Panagal Maligai, Saidapet, Chennai-15 R. SUDHAKAR,J.
rrg W.P. No.11710 of 2011 28.04.2011