IMPORTANT POINTS
Kerala Forest Act, 1961 is an act to unify and amend the law relating to protection and management of forests in the State of Kerala. Sections 47B, 47C and 47F of the Kerala Forest Act come under Chapter VIA There is a presumption of constitutionality of the rule. The court ought not to interpret the statutory provisions, unless compelled by their language, in such a manner as would involve its unconstitutionality, Since the legislature of the rule making authority is presumed to enact a law which does not contravene or violate the constitutional provisions. Therefore, there is a presumption in favour of constitutionality of a legislation or statutory rule unless ex facie it violates the fundamental rights guaranteed under Part III of the constitution.

JUDGMENT :

S. Manikumar, J.

Instant writ appeal is filed against order dated 14.01.2020 passed in W.P.(C) No.36021 of 2019, by which the writ court declined to grant the interim relief sought for in the writ petition.

2. Short facts leading to the appeal are that, petitioner/appellant is the Managing Partner of M/s. Vibhu Essential Oils LLP, which is one of the largest dealers and suppliers of sandalwood and its related products in the country. They had substantial foreign trade in sandalwood also. They used to supply products to different perfumery and cosmetic industries throughout India and operates in Ghaziabad at Uttar Pradesh. However, the sale, possession and transportation of sandalwood and its products are prohibited in Kerala by virtue of Section 47C of the Forests 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. Appellant has challenged the validity of Section 47C of the Kerala Forest (Amendment) Act, 2010, and the Rules mentioned above before the writ court in W.P.(C) No.21156 of 2018. According to the petitioner, the firm imports sandalwood oil and other products with all the statutory permits/licenses. As per the rules, maximum quantity of sandalwood that can be possessed by an individual/firm is 1 kg, whereas the maximum quantity of sandalwood oil is 100 ml. While so, Range Forest Officer, Forest Range Office, Marayoor Range, Idukki, respondent No.6, issued an auction notification on 16.12.2019 (Exhibit-P7) for sale of 71.953 tones of sandalwood. Challenging the proposal to conduct auction of 71.953 tones of sandalwood, instant writ petition has been filed on the following reliefs:

i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the operation and all further proceedings pursuant to Exhibit-P7 (invitation of E-Auction Sale of Sandalwood);

ii. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 6th respondent to consider and dispose of Exhibit-P9 representation forthwith, at any rate, before holding the tender scheduled as per Exhibit-P7 or any other extended date;

4. Before the writ court, a statement has been filed by Range Forest Officer, Forest Range Office, Marayoor Range, Idukki, respondent No.6, as hereunder:

(A) Instant writ petition is filed to issue a certiorari or any appropriate writ, order or directions quashing the operation of all further proceedings in pursuance to invitation for e-auction sale of sandalwood vide MR-275/19 dated 16.12.2019 of the Range Forest Officer, Marayoor. The petitioner has also sought for issuance of a writ of mandamus or any other appropriate writ, order or direction commanding the Range Forest Officer, Marayoor to consider and dispose the representation dated 27.12.2019 made by the petitioner before the Range Forest Officer, Marayoor, to cancel or keep in abeyance all further proceedings of the e-tender until the judgment in W.P(C) No. 21156/2018 or the Government of Kerala lift the restrictions imposed in the quantity of sandalwood to be possessed by the individual /prospective buyer, by amending the Kerala Forest Act, 1961 and Kerala Forest (Restriction on Cutting and Selling of Sandalwood Trees and Grant of Licence for Possession and Transport of Sandalwood and Sandalwood Oil) Rules, 2012. The petitioner also sought an interim relief to stay the operation of all -further proceedings in pursuance to the invitation for e-tender dated 16.12.2019 pending final disposal of the W.P(C) No. 21156/2018.

(B) The prayer of the petitioner is against the existing laws and procedure laid down in the Acts and Rules. Restriction on cutting and selling of Sandalwood trees and grant of licence for possession and transport of Sandalwood and Sandalwood Oil was introduced to curb the rampant felling smuggling and illegal trade of Sandalwood and Sandalwood oil within and across t