IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 16.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2799 of 2010 & M.P.No.1 of 2010 * Mr.P.Udhaiya Kumar Udhaiya Timbers, C/O.Vinayaka Wood Industries, Yercaud Main Road, Kondapanaicenpatty, Kannankuruchi Post, Salem – 636 008. (Cause title amended as per order dt.04.3.10 in MP.2/10) ..Petitioner -Vs- 1. The State of Tamilnadu, Rep. by the Secretary to Government, Forest & Environment Department Fort St. George, Chennai-600 009. 2. The District Forest Officer, Salem Division, Salem. 3. The Forest Range Officer, Mettur,Range, Mettur Dam. 4. The District Forest Officer, Erode Division, Erode. 5. The Forest Officer, Sathyamangalam Ranga, Erode District. ..Respondents Prayer: This petition has been filed seeking for a Writ of Mandamus to direct the Respondent 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 https://hcservices.ecourts.gov.in/hcservices/ 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.S.Udaya Kumar for M/s.Karan and Uday For Respondents : Mr.K.Rajasekar Government Advocate. (Forest) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2. This Writ Petition has been filed praying for a Writ of Mandamus to direct the respondents to issue Form-III permits to the petitioner, at the Forest Department Check Posts, on the Tamil Nadu - Karnataka border, when the Petitioner's consignment of Silver Oak timber logs are transported from the State of Karnataka, into the State of Tamil Nadu, by the Petitioner, along with the necessary valid documents, except the transport permit. 3. At this stage of the hearing of the Writ Petition, it has been submitted by the learned counsel appearing for the petitioner that a number of orders had been passed by this Court, relating to the issues arising for consideration in the present Writ Petition. One such order has been made, in Babu Timbers V. State of Tamil Nadu, reported in (2007) 3 MLJ, wherein,paragraphs 8,9 and 10 of the said order read as follows: "8. It is admitted position that both in Karnataka and in Tamil Nadu silver oaks are no longer in the scheduled item. While in Karnataka Form II permit is not granted because it has been removed from the Timber Transit Rules, it is only in the State of Tamil Nadu, Rules still contain their requirements of Forms II and III permits. While the impact of Forms I and II is to have the details of the timber quantity and the name and residence of the person to whom the pass is granted and when it was obtained to what place it is being removed, the route time allowed, including the vehicle registration number, the way permit is only a consequential document in Form III. Therefore, the idea of exchanging Form II with Form III is only to have the details recorded from the place of origin so that https://hcservices.ecourts.gov.in/hcservices/ the way permit can be granted. If the authorities of the Government of Karnataka have stopped issuing Form II permit, that does not mean that the Tamil Nadu officials will seek for the production of the said permit as a pre-condition to issue Form III. This will unnecessarily create a bottleneck and as stated by the petitioner, it involved unnecessary expenditure and time and it will frustrate the very timber trade resulting in a source of corruption. Therefore, if the authorities want to issue Form III with the particulars which are to be found in Form II, it can be gathered from the other documents produced along with the lorry if the timber is transited. They can verify the same and issue the way permit instead of seeking for a certificate under Form II which obviously the petitioners cannot produce. Even the Tamil Nadu Government officials themselves cannot issue those certificates as the origin of timber is from elsewhere and no person will certify them as a proper proof of other supporting documents. If the understanding of the respondents is that Form II is pre-requisite for issuing Form III permit, then they should also spell out as to how the TamilNadu State Officials are competent to issue Form II in respect of a timber whose origin is not from this state but from some other States. 9.The Stand taken by the respondents is that necessarily they will have to apply to the State authorities for a Form II permit. Even then, the question will be such a permit can be issued in Form II only depending upon the materials and documents produced by the timber merchants and sent along with the lorry in which the transit is being made. If all those materials are available, depending on the strength of the very same documents, the respondents can issue Form III without insisting upon Form II, which has become an empty formality. Further, it will also reduce the bottleneck created in transit. Therefore, the prayer made by the petitioners is reasonable and is consistent with the Rules made by the State https://hcservices.ecourts.gov.in/hcservices/ and the Rules are also not under challenge. The Rules of procedure is only a hand-maid and it cannot become an obstacle in the smooth transit of passage of goods. The authorities have spent more energy on the form than on the substance of verification of the contents of the goods transported. 10.In view of the same, the writ Petitions are entitled to succeed and a direction is issued to the respondents to provide Form III to the petitioners to transport Silver Oaks from Karnataka to Tamil Nadu at various checkposts in Tamil Nadu border if the petitioners accompany Silver Oak timber logs with valid documents except the transport permit issued by the State of Karnataka. But the documents should provide for information that are required under Form II for issuing necessary permit. The writ petitions shall stand allowed." It has also been stated that a Division Bench of this Court, by its order, dated, 05.03.2008, made in Writ Appeal Nos. 958 to 963 of 2007(batch), had also confirmed the said order, dated 24.04.2009. In view of the orders passed by this Court and in view of the order passed by the Division Bench,as noted above, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is allowed. Sd/ Asst.Registrar 22.02.2010 * Amended as per order of this Court dated.04.3.10 in MP.2/10 in WP.2799/10 Sd/- Asst.Registrar 05.03.2010 /true copy/ Sub Asst.Registrar arr https://hcservices.ecourts.gov.in/hcservices/ To 1 The Secretary to Government of Tamilnadu, Forest & Environment Department Fort St. George, Chennai-600 009. To be substituted to the order 2. The District Forest Officer, already despatched on 22.2.10 Salem Division, Salem. 3. The Forest Range Officer, Mettur Range, Mettur Dam. 4. The District Forest Officer, Erode Division, Erode. 5. The Forest Officer, Sathyamangalam Ranga, Erode District. + 1 c.c. to M/s. Karan & Uday, Advocate. S.R.No.10597. + 1 cc to Special Government Pleader,SR.14843 Writ Petition No.2799 of 2010 MA (CO) GSK 22.02.2010. MRD(CO) EM/5.3.10 https://hcservices.ecourts.gov.in/hcservices/