M G RAJENDRAN Vs. DISTRICT FOREST OFFICER

JUDGEMENT

(1.) While the first two Writ Petitions were heard and orders were reserved on 30.12.2002, as the remaining two writ petitions were not listed for hearing, it was listed for hearing on 10.1.2003 and all the cases were heard together. All these writ petitions arise out of common factual background and hence heard and disposed of together.

(2.) The petitioners claim to be authorised permit/licence holders under Tamil Nadu Timber Transit Rules and registered under the said Rules. Therefore, they are entitled to carry on business in dealing with Timber and they are in lawful trade. They are also entitled to be in possession of and to deal with all the permitted categories of timber, wood including Red Sanders Wood (R.S.W.). They also claim to be lawfully operating within the jurisdiction of Tamil Nadu and they are not procuring any material from the State of Andhra Pradesh. But the various officials belonging to Andhra Pradesh Government suddenly descended on the petitioners and carried out an illegal raid on the premises belonging to the petitioners without any lawful authority or jurisdiction and without any permission or authority from the Tamil Nadu Government.

(3.) The above is factual background on which the petitioners have come before this Court. The respective counsel for the petitioners have submitted that the petitioners are carrying on their lawful trade strictly in terms of the permits/licence held by them and that the apprehension expressed by the Andhra Pradesh Government officials as though the stock available with them have been illegally transported from the Andhra Pradesh, has no basis at all. The Andhra Pradesh officials have no jurisdiction, legal or territorial to barge into their premises nor have any right to seal the premises or the stock of wood in their possession. If any action is to be taken it could be taken only by the Tamil Nadu officials. Reference is made to the judgment of a Division Bench of this Court in Writ Appeal No.1926 of 2000 dated 21.03.2001, in which also, the seizure of R.S.W. was effected by the Andhra Pradesh officials. Reliance is placed on the observation that the Andhra Pradesh Officials have to hand over the stock to the Tamil Nadu Forest officials.