The Hindu Business Line : TN Govt alone can deal with sandalwood trees: HC

Chennai, May 4 Nobody had any right to trade in sandalwood trees, the Madras High Court has held, adding that the TN Government was empowered to deal with such trees.

Section 36-F of the TN Forest Act, 1882, was clear that a person from whose patta land sandalwood was recovered by the authorities was not entitled for any relief as he had violated the law.

Mr Justice K. Chandru has dismissed the writ petitions from MSP Rajes (since deceased) challenging the orders dated September 23, 1994, of the Sessions Judge, Salem 7, confiscating sandalwood in his possession.

The Judge ruled that the petitioner had not established that the confiscated sandalwood belonged to him. The petitioner also failed to prove that licence was obtained before felling trees, which were allegedly found in his estate. No licence was obtained to retain such huge quantities of sandalwood, the Judge ruled.

Criminal cases were registered in 1996 against the petitioner before the Court of Special Magistrate for sandalwood cases, Salem, and the Court by order dated January 24, 2002, dismissed the revision petitions, and a direction was given to put forth their contentions before the trial court.

By the judgment dated February 28, 2005, the petitioner was found guilty of violating the Sandalwood Possession Rules. The petitioner preferred appeal before Additional District Judge, Salem, and the same was allowed by the appellate court. The court had held that the petitioner had no mala fide intention to keep in possession sandalwood in violation of rules.

The petitioner sent a petition on August 23, 1988, to the District Forest Officer, Salem (R-4), to arrange to lift sandalwood trees that were dead and fallen on his estate. Subsequently, under orders of the IG of Police, and Superintendent of Police, Forest Cell, CID, Forest Cell seized 106.932 tonnes of sandalwood trees from the estate of the petitioner.

The Deputy Conservator of Forests, Salem Division (R-3), issued a notice to the petitioner as to why the sandalwood seized should not be confiscated in terms of the Act. The Petitioner said he had not committed any offence. According to him, the sandalwood was grown by him on his patta land, and sandalwood was not the property of the Government.

The Additional Advocate General contended that the petitioner had no right to own or dispose of the sandalwood, and in all these cases, the owner was the State Government.

The Judge ruled that the petitioner was given ample opportunities before ordering confiscation. As it was found that the petitioner was not the legal owner of the sandalwood, and there was valid confiscation order passed, they were not eligible for any royalty or interest on the amount to be paid. The writ petitions would stand dismissed.

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