The Court directed the District Forest Officer to consider the respondents' application for payment of sandalwood sale proceeds and pass orders within eight weeks, correcting a clerical error regarding ownership.
Direction to decide application within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WA No. 1017 of 2019
W.A. No. 1017 of 2019
S.M.SUBRAMANIAM, J. AND MOHAMMED SHAFFIQ, J.
This matter is listed today under the caption “for being mentioned”, at the instance of the learned counsel for the respondents.
“2. It is not in dispute between parties that subject sandalwood belongs to the respondents and they are the owners of the sandalwood. However, authorities have not permitted the respondents to remove sandalwood lying in depot. Since writ petition has been disposed of, present writ appeal came to be instituted.
WA No. 1017 of 2019
issue a fresh order copy to the parties forthwith.
(S.M.SUBRAMANIAM, J.) (MOHAMMED SHAFFIQ, J.) 17-12-2025
ASI
WA No. 1017 of 2019
S.M.SUBRAMANIAM, J. and MOHAMMED SHAFFIQ, J.
ASI
W.A.No. 1017 of 2019
17-12-2025
WA No. 1017 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-11-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
WA No. 1017 of 2019
2.The District Forest Officer Salem Division, Salem -7.
3.The Forest Range Officer Government Sandalwood Depot, Yercaud Road, Hasthampatty, Salem 7.
Appellant(s)
Vs
4.Nipun N.Mehta
5.Mala N.Mehta (died)
6.Pravina H.Mehta (died) W/o. Haarshkant S Mehta, Resi At No.12, Sri Ramaswamy Road, Opp Ewarts School, Ch-07.
WA No. 1017 of 2019
7.Neeta H.Mehta
[Rr1,2,3,5 And 6 Died, Vide Order Of Court Dated 22/12/2022 Made In Cmp.No.12444/2019 In Wa.No.1017/2019] [R7 Only LR Of The Deceased Rr2 And 6 Vide Order Of Court Dated 22/12/2022 Made In Cmp.No.9917/2019 In Wa.No.1017/2019] [R4 LR Of The Deceased Rr3 And 5 Vide Order Of Court Dt 22/12/2022 Made In Cmp.No.9917/2019 In Wa.No.1017/2019]
Respondent(s)
PRAYER
To set aside the order dated 25.04.2011 made in WP No.24110 of 2005 on the file of the Court and allow this present WA.
| For Appellant(s): | Mr.P.Anandakumar, Government Advocate |
|---|---|
| For Respondent(s): | 1)Mr.C.Vigneswaran, and Ms.Ami Kataria and |
| Mr. P.Vasantha Kumar | |
| for R1, R4 and R7 | |
| RR2,3,5,6 Died steps taken. |
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
State preferred present intra-court appeal. 1st respondent filed a writ petition challenging the communication dated 08.07.2005 issued by Forest Range Officer and seeking for a direction to hand over the possession of the sandalwood, such as root tree, root trunk, branch etc., bearing Lot No.34/9394 to the owners.
WA No. 1017 of 2019
to 1st respondent and he is the owner of the sandalwood. However, authorities
have not permitted 1st respondent to remove sandalwood lying in depot. Since writ petition has been disposed of, present writ appeal came to be instituted.
amount. After New Rules of the year 2008 came into force, 1st respondent would be entitled to get back 80% of sale amount. Sale amount is to be determined based on various facts involved in the present case. Sale price is to be decided at the rate of apportionment.
in prescribed form was submitted by 1st respondent on 28.06.2011, which is yet to be disposed of. Apportionment of sale price between owner and department is to be determined with reference to facts and circumstances,
WA No. 1017 of 2019
and taking into consideration the date of sale etc. 1st respondent also is at
liberty to place all the facts and their defense before the authority.
directed to consider the application submitted by 1st respondent dated 28.06.2011, by affording opportunity to 1st respondent to place all the facts and documents available with him and thereafter, take a decision and pass orders within a period of eight weeks from the date of receipt of a copy of this order.
(S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 13-11-2025
gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No
WA No. 1017 of 2019
S.M.SUBRAMANIAM J. AND MOHAMMED SHAFFIQ J.
gd
WA No. 1017 of 2019
WA No. 1017 of 2019
13-11-2025
2 issues framed by the court
Whether the respondents are entitled to payment at the rate of 47.5% or 80% of the sale amount?
Whether the competent authority should consider the pending application for apportionment of sale price?
State of Tamil Nadu Rep By Its Secretary, Forest And Fisheries Department
The District Forest Officer Salem Division
The Forest Range Officer Government Sandalwood Depot
Nipun N. Mehta
Neeta H. Mehta
S.S. Mehta (died)
S.M. SUBRAMANIAM
MOHAMMED SHAFFIQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
