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1985 Supreme(Mad) 57

V.RATNAM
Kodaikanal Wattle Bark Vyaparikal Sangam – Appellant
Versus
State of T. N. – Respondent


Advocates:
S. Govindaswami.nathan; V. Radha-krishnan; S. Venkataramana and S. Krishna-moorthy, for Petitioners; E. D. Dakshina-moorthy, Govt. Advocate, for Forest Cases for Respondents.

Judgement

ORDER :- These writ petitions, though at the instance of different petitioners, are dealt with together, as they involve a common question. It would suffice in this connection to notice the facts in W.P. No. 10061 of 1984. The petitioner in that case had taken a lease from the pattadars of the right to peel off bark in the trees standing thereon. In the course of enjoying such rights as lessee, the petitioner had been peeling off bark from Wattle trees, Bluegum trees, etc. The Wattle bark thus peeled of by the lessee is packed and transported from the patta lands of the pattadars to the markets. In the process of moving the wattle bark and other bark so removed from the patta lands, the Forest officials stopped either the pattadars of lessees and obstructed the movement of the bark and even attempted to confiscate it, as if some provision of law had been violated claiming that Wattle bark is not tree or timber and that the Timber Transit Rules would not apply, that as the lessees of the right to remove or peel off bark from the trees standing in the lands of the pattadar, they had the right to transport the bark peeled off and that the forest officials had no authority wha









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