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[Cites 17, Cited by 0]

Kerala High Court

Sanjay Vithal Das Sampat vs Government Of India on 31 March, 2021

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

  WEDNESDAY, THE 31ST DAY OF MARCH 2021/10TH CHAITHRA, 1943

                  WP(C).No.21156 OF 2018(T)


PETITIONER:

              SANJAY VITHAL DAS SAMPAT,
              S/O.VITHAL DAS SAMPAT,
              AGED 52 YEARS, FLAT NO.31,
              KARISHMA APARTMENT,
              PLOT NO.27,
              I.P.EXTN. PATPARGANJ,
              SHAKARPUR, EAST DELHI - 110 092.

              BY ADVS.
              SRI.BABU JOSEPH KURUVATHAZHA
              SRI.N.SHAMSUL HUDA

RESPONDENTS:

     1        GOVERNMENT OF INDIA,
              MINISTRY OF COMMERCE AND INDUSTRY,
              CENTRAL SECRETARIAT,
              NEW DELHI - 110 001,
              REPRESENTED BY ITS SECRETARY.

     2        ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE,
              CENTRAL LICENSING AREA,
              'A' WING,
              NEW DELHI - 110 002.

     3        STATE OF KERALA,
              REPRESENTED BY ITS CHIEF SECRETARY,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.

     4        PRINCIPAL SECRETARY TO GOVERNMENT,
              DEPARTMENT OF FOREST AND WILDLIFE,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.
 W.P.(C) No.21156/2018 & 36021/2019
                                 :2:


      5      PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
             FOREST HEADQUARTERS,
             VAZHUTHACAUD,
             THIRUVANANTHAPURAM - 695 014.

             BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
             R3-5 BY SRI.SANDESH RAJA.K.,
             SPL. GOVERNMENT PLEADER (FOREST)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 31-03-2021, ALONG WITH WP(C).36021/2019(C), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.21156/2018 & 36021/2019
                                 :3:


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR.JUSTICE N.NAGARESH

  WEDNESDAY, THE 31ST DAY OF MARCH 2021/10TH CHAITHRA, 1943

                  WP(C).No.36021 OF 2019(C)


PETITIONER:

              SANJAY VITHAL DAS SAMPAT,
              AGED 53 YEARS,
              S/O.VITHAL DAS SAMPAT,
              FLAT NO.31, KARISHMA APARTMENT,
              PLOT NO.27 I.P.EXTN.,
              PATPARGANJ, SHAKARPUR,
              EAST DELHI-110092.

              BY ADVS.
              SRI.BABU JOSEPH KURUVATHAZHA
              SRI.N.SHAMSUL HUDA

RESPONDENTS:

      1       GOVERNMENT OF INDIA,
              MINISTRY OF COMMERCE AND INDUSTRY,
              CENTRAL SECRETARIAT,
              NEW DELHI-110001,
              REPRESENTED BY ITS SECRETARY.

      2       ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE,
              CENTRAL LICENSING AREA,
              'A' WING, NEW DELHI-110 002.

      3       STATE OF KERALA,
              REPRESENTED BY ITS CHIEF SECRETARY,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

      4       PRINCIPAL SECRETARY TO GOVERNMENT,
              DEPARTMENT OF FOREST AND WILDLIFE,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
 W.P.(C) No.21156/2018 & 36021/2019
                                 :4:



      5      PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
             FOREST HEADQUARTERS, VAZHUTHACAUD,
             THIRUVANANTHAPURAM-695014.

      6      RANGE FOREST OFFICER,
             FOREST RANGE OFFICE, MARAYOOR RANGE,
             MARAYOOR, MUNNAR,
             IDUKKI DISTRICT, PIN-685620.

             R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
             R3-6 BY SPECIAL GOVERNMENT PLEADER
             SRI.SANDESH RAJA.K.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 31-03-2021, ALONG WITH WP(C).21156/2018(T), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.21156/2018 & 36021/2019
                                 :5:




                           N. NAGARESH, J.

         `````````````````````````````````````````````````````````````
         W.P.(C) Nos.21156 of 2018 & 36021 of 2019

          `````````````````````````````````````````````````````````````
               Dated this the 31st day of March, 2021

                            JUDGMENT

~~~~~~~~~ The petitioner is the Managing Partner of a Firm, which is dealer and supplier of sandalwood, sandalwood oil and related products. In W.P.(C) No.21156/2018, the petitioner is challenging the constitutionality of Section 47(C)

(i) and (ii) and Section 47F of the Kerala Forest Act, 1961 and the Kerala Forest (Restriction on Cutting and Selling of Sandal Trees and Grant of Licence for Possession and Transport of Sandalwood and Sandalwood Oil) Rules, 2012. While the said writ petition was pending, the Forest Range Officer, Marayur published e-auction Notification dated 16.12.2019 for sale of 71.953 tonnes of sandalwood. W.P.(C) No.21156/2018 & 36021/2019 :6: Thereupon, the petitioner filed W.P.(C) No.36021/2019, challenging the Notification dated 16.12.2019.

2. The petitioner states that several religious and commercial institutions are purchasing sandalwood, sandalwood oil and other sandal products from the petitioner. However, the sale of sandalwood, sandalwood oil and other products are prohibited in the State of Kerala, in pursuance of the Kerala Forest Amendment Act, 2010 and the Kerala Forest (Restriction on Cutting and Selling of Sandal Trees and Grant of Licence for Possession and Transport of Sandalwood and Sandalwood Oil) Rules, 2012.

3. The petitioner contends that Sections 47C and 47F of the Kerala Forest Act prohibit any party, except the Government or Government-owned undertakings, to disintegrate or to attempt to disintegrate sandalwood in mills or manufacture, distil, or attempt to manufacture or distil oil from sandalwood or re-distil, refine or sell oil extracted from sandalwood. The present provisions of law prohibit any person to purchase, receive or acquire sandalwood or W.P.(C) No.21156/2018 & 36021/2019 :7: sandalwood oil except from the Government or the authorised officer or Public Sector Undertakings owned by the Government or any other Government authorised agency.

4. Thus, no buyer can purchase, receive or acquire sandalwood or sandalwood oil from any seller except from the Government or its authorised officer or Public Sector Undertakings. Only Religious Institutions, Artisans, Licensed Manufacturers and Registered Practitioners of Indigenous Medicines or any Government owned Corporation or Society can be granted permission to possess or transport sandalwood in excess of 1 Kg. Only licenced manufacturers of cosmetics, drugs and other materials can be granted permission to possess or transport sandalwood oil in excess of 100 ml. These restrictions are highly arbitrary and interfering with the personal liberty and freedom of trade enshrined under the Constitution to a citizen.

5. The 5th respondent-Principal Chief Conservator of Forests opposed the writ petitions filing statement. The 5 th W.P.(C) No.21156/2018 & 36021/2019 :8: respondent stated that Section 47C of the Act prohibits the possession and transport of sandalwood and sandalwood oil and Section 47F restricts purchase, sale, etc. of sandalwood oil from any other agencies than from the Public Sector Undertakings owned by the Government or any other agency authorised by the Government in this behalf. The Amendment Act, 2010 also imposes restrictions on cutting and selling of sandalwood trees and grant of licence for possession and transport of sandalwood and sandalwood oil. The restrictions are imposed to safeguard the valuable forest products.

6. The 3rd respondent-State of Kerala and the 4 th respondent-Principal Secretary to Government, Department of Forests and Wildlife together filed a statement opposing the writ petitions. Respondents 3 and 4 stated that to control the large scale operations by sandal mafia in Kerala, a new Forest Division was established in Marayur. All the private sandalwood distilleries in the State were closed down. The illicit felling and removal of sandalwood trees from W.P.(C) No.21156/2018 & 36021/2019 :9: Government and private lands were drastically reduced.

7. In 2010, the Kerala Forest Act was amended including Chapter 6A in the Act. Chapter 6A puts restriction on cutting and sale of sandalwood trees, possession and transport of sandalwood and sandalwood oil and purchase and sale of sandalwood and sandalwood oil, etc. Respondents 3 and 4 stated that the sale of sandalwood and sandalwood oil is not prohibited in Kerala. The sale and transportation are only regulated. The regulations made a drastic change in detecting and controlling the illegal felling of sandalwood and transportation of sandalwood products in the State.

8. Respondents 3 and 4 further stated that the sandal tree is one of the most precious tree of the country. It occupies an important place in the ecological, cultural and spiritual heritage of India. The Hon'ble Apex Court in the judgment in Godavarman Thirumulpad T.N. v. Union of India and others [2012 KHC 2305 (SC)] directed the Central Government to examine the issue of inclusion of sandalwood W.P.(C) No.21156/2018 & 36021/2019 : 10 : in Schedule VI of the Wildlife (Protection) Act, 1972. The Apex Court also directed the Central Government to formulate a policy for conservation of sandalwood. The sandalwood trees are critically endangered trees. Therefore, the allegations of the petitioner against the provisions of Chapter VI A of the Kerala Forest Act, 1961 and the Rules, 2012, are devoid of any merits.

9. The learned Senior Counsel assisted by the counsel for the petitioner pointed out that in view of the amendments brought out, only Government/Public Sector Undertakings can distil or convert sandalwood. Only Government/PSU can purchase or sell sandal, sandalwood oil or sandalwood products. Such restriction is hit by Articles 301 to 304 of the Constitution of India. Such amendments can be made only with the previous sanction of the President of India. The sanction of the President of India was not obtained before implementing the amended provisions, contended the learned Senior Counsel.

W.P.(C) No.21156/2018 & 36021/2019 : 11 :

10. The learned Senior Counsel argued that the arbitrary regulation of purchase, sale and transportation of sandalwood and sandalwood oil, offends the constitutional right guaranteed to the petitioner under Article 19(1)(g). Article 300A creates a right on the petitioner to hold or deal in sandalwood and sandalwood oil owned by the petitioner. As the amendments had no previous sanction of the President of India, the amendments offend Article 304 also. In the circumstances, the impugned statutory provisions are liable to be declared as ultra vires. Ext.P7 e-auction notification (in W.P.(C) No.36021/2019) is illegal and is liable to be set aside.

11. I have heard the learned counsel for the petitioner and the learned Special Government Pleader (Forests).

12. The issue arising for consideration in these writ petitions is whether Section 47C and Section 47F of the Kerala Forest Act, 1961 and the Kerala Forest (Restriction on Cutting and Selling of Sandal Trees and Grant of Licence for Possession and Transport of Sandalwood and Sandalwood W.P.(C) No.21156/2018 & 36021/2019 : 12 : Oil) Rules, 2012 are discriminatory and violative of Article 19 of the Constitution of India. The incidental question is whether the said provisions are liable to be declared as illegal for the reason that no prior sanction of the President of India was obtained before introducing the amendments, in terms of the proviso to Article 304 of the Constitution of India.

13. Section 47C of the Kerala Forest Act brought into the statute book as per the Kerala Forests (Amendment) Act, 2010, reads as follows:-

"47C. Prohibition of possession and transport of sandalwood and sandalwood oil--
(1) Notwithstanding anything contained in any law for the time being in force or in any Judgment, decree, or order of any court, no person shall,--
(i) possess or transport any quantity of sandalwood in excess of one kilogram; or
(ii) possess or transport any quantity of sandalwood oil in excess of one hundred millilitre:
Provided that the authorised officer may issue licence for the possession or transport of sandalwood in excess of one kilogram to religious institutions, artisans, licensed manufacturers and registered practitioners of indigenous medicines or any corporation or society owned or controlled by the Government for their bona fide purposes, on payment of such fees, in such manner and subject to such restrictions and conditions as may be prescribed;
Provided further that the authorised officer may issue licence for the possession or transport of W.P.(C) No.21156/2018 & 36021/2019 : 13 : sandalwood oil in excess of one hundred millilitre to the licensed manufacturers of cosmetics, drugs and other material in which sandalwood oil is an essential ingredient, for their bona fide purposes, on payment of such fees, in such manner and subject to such restrictions and conditions as may be prescribed. (2) Notwithstanding anything contained in any law for the time being in force or in any judgment, decree or order of any court, no person except the Government or public sector undertakings owned by Government shall disintegrate or attempt to disintegrate sandalwood in mills or by other contrivance, manufacture or distil, or attempt to manufacture or distil oil from sandalwood or redistil, refine or sell oil extracted from sandalwood. (3) The authorised officer may cancel or suspend any licence granted under sub-section (1), if he is satisfied, after giving an opportunity to the holder thereof being heard, that the licensee has contravened, or failed to comply with any of the provisions of this Chapter or the rules made thereunder or any of the terms and conditions of the licence.
(4) Any person aggrieved by the decision of the authorised officer refusing to grant or renew a licence or cancelling or suspending such a licence under this section may, within such time as may be prescribed appeal to the Government and the Government may make such order as they may think fit."

Section 47F of the Kerala Forest Act imposing restriction on purchase, sale, etc. of sandalwood and sandalwood oil reads as follows:-

"47F. Restriction on purchase, sale, etc. of sandalwood and sandalwood oil --
(1) No person shall purchase, receive or acquire W.P.(C) No.21156/2018 & 36021/2019 : 14 : sandalwood or sandalwood oil otherwise than from the Government or the authorised officer or public sector undertakings owned by Government or any other agency authorised by Government on this behalf.
(2) No licensee under this Chapter, shall keep in his control, custody or possession or acquire, receive, sell or offer for sale or process or transport sandalwood or sandalwood oil except in accordance with the conditions of the licence granted."

14. The petitioner would contend that Sections 47(C)

(i) and (ii) and Section 47F of the Kerala Forest Act, 1961 and the Kerala Forest (Restriction on Cutting and Selling of Sandal Trees and Grant of Licence for Possession and Transport of Sandalwood and Sandalwood Oil) Rules, 2012 offend the fundamental right guaranteed to the petitioner under Article 19(1)(g) of the Constitution. The question therefore is whether the petitioner has a fundamental right to trade in sandal or sandalwood oil.

15. Restriction on cutting and selling of Sandalwood trees and grant of licence for possession and transport of Sandalwood and Sandalwood Oil has been introduced to curb the rampant felling, smuggling and illegal trade of W.P.(C) No.21156/2018 & 36021/2019 : 15 : Sandalwood and Sandalwood oil within and across the State and similar legislative interventions are made in the States of Karnataka, Tamil Nadu, etc. as per the directions of the Apex Court in Godavarman Thirumulpad T.N. (Supra). In the said case, the Apex Court held that "We are also inclined to give a direction to the Central Government to formulate a policy for conservation of sandalwood including provision for financial reserves for such conservation and scientific research for sustainable use of biological diversity in sandalwood. Central Government would also formulate rules and regulations under Sections 3 and 5 of Environmental Protection Act, 1986 for effective monitoring, control and regulation of sandalwood industries and factories and that it should also formulate rules to ensure that no imported sandalwood is sold under the name of Indian sandalwood and adequate labelling to this effect be mandated for products manufactured from or of import of sandalwood. States are directed to immediately close down all un-licensed sandalwood oil factories, if functioning and W.P.(C) No.21156/2018 & 36021/2019 : 16 : take effective measures for proper supervision and control of the existing licensed sandalwood oil factories in states." Thus, in tune with the directions of the Apex Court in this regard, various States have formulated their own policies, rules and laws to deal with the situation. Sections 47C and 47F and the 2012 Rules were framed to deal with illicit felling, removal and distillation of sandalwood, smuggling of the sandalwood and its products, in the State of Kerala. Th legislative intention is to deal with the above situations as directed by the Apex Court.

16. Sandalwood oil is a forest produce falling within the definition of Section 2(f) of the Kerala Forest Act, 1961 as held by the Hon'ble Apex Court in Forest Range Officer v. Mohammed Ali [1993 Supp (3) SCC 627]. In the judgment in Godavarman Thirumulpad T.N. (supra), the Hon'ble Apex Court has directed the Central Government to examine the issue of inclusion of sandalwood in Schedule VI of the Wild Life (Protection) Act, 1972 in consultation with National Board of Wild Life (NBWL) and to take a decision within a period of W.P.(C) No.21156/2018 & 36021/2019 : 17 : six months as to whether it is to be notified as a specific plant and be included in Schedule VI of the Act. The Hon'ble Apex Court also directed the Central Government to formulate a policy for conservation of sandalwood including provision for financial reserves for such conservation and scientific research for sustainable use of biological diversity in sandalwood and also directed the Central Government to formulate rules and regulations under Sections 3 and 5 of Environment Protection Act, 1986 for effective monitoring, control and regulation of sandalwood industries and factories. It was also directed that the Government should formulate rules to ensure that no imported sandalwood is sold under the name of Indian sandalwood and adequate labelling to this effect be mandated for products manufactured from or of import of sandalwood.

17. States were also directed to immediately close down all unlicensed sandalwood oil factories, if functioning and take effective measures for proper supervision and control of the existing licensed sandalwood oil factories in W.P.(C) No.21156/2018 & 36021/2019 : 18 : States. The Hon'ble Apex Court has also expressed its hope that the parliament would bestow serious attention regarding framing of a new legislation in this regard. It is also relevant to note that the Hon'ble Apex Court has observed that the Central Empowered Committee and the States of Tamil Nadu and Kerala have produced enough materials to show that the sandalwood trees are critically endangered and illegal felling and trade are going on unabatedly. Regulation on cultivation and use of sandalwood would definitely be in the public interest and therefore constitutional.

18. In the light of the directions of the Hon'ble Apex Court and consequential amendments to statutory framework regulating sandalwood, the trade in sandalwood and sandalwood oil has attained the status of "Res extra Commercium."

19. The rights protected by Article 19(1) are not absolute. The right therefore is to be read along with the qualifications contained in Articles 19(2) to 19(6). The right to practice any profession or to carry on any occupation, W.P.(C) No.21156/2018 & 36021/2019 : 19 : trade or business does not extend to practising a trade in a critically endangered forest species. In respect of such species, the State can create monopoly either in itself or in an agency created by it. The State can impose limitations and restrictions on the trade of sandalwood or sandalwood oil. The restrictions and regulations introduced by Sections 47C and 47F are reasonable and in public interest. Such restrictions cannot be said to be offending the fundamental right of the petitioner under Article 19(1)(g) of the Constitution of India.

20. The further argument is that Sections 47C and 47F are hit by Article 304 of the Constitution of India. Article 304 of the Constitution reads as follows:-

"304. Restrictions on trade, commerce and intercourse among States-
Notwithstanding anything in Article 301 or Article 303, the Legislature of a State may by law-
(a) impose on goods imported from other States or the Union territories any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced;

and W.P.(C) No.21156/2018 & 36021/2019 : 20 :

(b)impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest:

Provided that no Bill or amendment for the purposes of clause shall be introduced or moved in the Legislature of a State without the previous sanction of the President."
The argument is that Sections 47C and 47F could not have been brought into the statute book without the previous sanction of the President.
21. It is to be kept in mind that the sandalwood tree is a critically endangered species. Therefore, there does not arise any question of fundamental right to free trade and business in sandal tree, sandalwood oil and other sandalwood products. Articles 301 to 305 are intended to ensure free trade and to regulate legislative restrictions on free trade, commerce and intercourse among States. Article

305 would apply only to those trades which the citizens have right to engage in, without restrictions. As this Court has found that no one has a fundamental right to carry on trade or business in sandalwood, sandalwood oil and other W.P.(C) No.21156/2018 & 36021/2019 : 21 : sandalwood products, it being opposed to public policy and public interest, the petitioner cannot be heard to contend that Sections 47C and 47F do not satisfy the requirements under Article 305(b).

For the afore reasons, this Court finds that the writ petitions are devoid of any force or merit. The writ petitions are therefore dismissed.

Sd/-

N. NAGARESH, JUDGE aks/29.03.2021 W.P.(C) No.32302/2013 & 8713/2015 :22: APPENDIX OF WP(C) 21156/2018 PETITIONER'S EXHIBITS:

EXHIBIT P1. TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 04.10.2013 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA.
EXHIBIT P2. TRUE COPY OF THE CERTIFICATE OF PROVISIONAL REGISTRATION ASSIGNING GST NO.09 AALFV 0491 KIZM ISSUED TO THE FIRM OF THE PETITIONER BY THE GOVERNMENT OF INDIA AND GOVERNMENT OF UTTAR PRADESH IN FORM GST REG-25.
EXHIBIT P3. TRUE COPY OF THE CERTIFICATE OF IMPORT AND EXPORT CODE DATED 17.03.2015 ISSUED BY THE ASSISTANT DIRECTOR GENERAL OF FOREIGN B0ARD.
EXHIBIT P4. TRUE COPY OF INVOICE SERIAL NO.03 DATED 25.04.2018, ISSUED IN FAVOUR OF M/S. KERALA STATE HANDICRAFTS APEX CO- OPERATIVE SOCIETY, ERNAKULAM.
EXHIBIT P5. TRUE COPY OF THE INVOICE BEARING SL NO.4 DATED 25.04.2018, ISSUED IN FAVOUR OF PAYYANNUR FIRKA GRAMODAYA KHADI SANGHAM.
EXHIBIT P6. TRUE COPY OF THE INVOICE NO.06 DATED 27.04.2018, ISSUED IN FAVOUR OF M/S.KERALA STATE HANDICRAFTS APEX CO-

OPERATIVE SOCIETY LTD., ERNAKULAM.

EXHIBIT P7. TRUE TYPED COPY OF THE REPRESENTATION DATED 04.05.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD AND 4TH RESPONDENTS.

W.P.(C) No.32302/2013 & 8713/2015 :23: APPENDIX OF WP(C) 36021/2019 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 4.10.2013 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT INDIA.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF PROVISIONAL REGISTRATION ASSIGNING GST NO.09 AALFV 0491 KIZM ISSUED TO THE FIRM OF THE PETITIONER BY THE GOVERNMENT OF INDIA AND GOVERNMENT OF UTTAR PRADESH IN FORM GST REG-25.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF IMPORT AND EXPORT CODE DATED 17.3.2015 ISSUED BY THE ASSISTANT DIRECTOR GENERAL OF FOREIGN BOARD.
EXHIBIT P4 TRUE COPY OF THE INVOICE SERIAL NO.03 DATED 25.4.2018, ISSUED IN FAVOUR OF M/S.KERALA STATE HANDICRAFTS APEX CO- OPERATIVE SOCIETY, ERNAKULAM.
EXHIBIT P5 TRUE COPY OF THE INVOICE BEARING SL.NO.04 DATED 25.4.2018, ISSUED IN FAVOUR OF PAYYANNUR FIRKA GRAMODAYA KHADI SANGHAM.
EXHIBIT P6 TRUE COPY OF THE INVOICE NO.06 DATED 27.4.2018, ISSUED IN FAVOUR OF M/S.KERALA STATE HANDICRAFTS APEX CO-

OPERATIVE SOCIETY LTD., ERNAKULAM.

EXHIBIT P7 TRUE COPY OF THE E-AUCTION SALE OF SANDALWOOD PUBLISHED BY THE 6TH RESPONDENT AS PER THE INVITATION NO.MR.275/19 DATED 16.12.2019.

EXHIBIT P8 TRUE COPY OF THE PROCEEDING DOWNLOADED FROM THE WEBSITE OF THE 6TH RESPONDENT, PERTAINING TO THE FORWARDING OF EXT.P7 TO DIFFERENT FIRMS/INSTITUTIONS/INDIVIDUALS.

W.P.(C) No.32302/2013 & 8713/2015 :24: EXHIBIT P9 TRUE TYPED COPY OF THE REPRESENTATION DATED 27.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.

SR