Madras High Court stops felling of rosewood trees on private lands

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The Madras High Court has ordered that the State authorities should not grant permission for the felling or removal of rosewood trees on private lands until a writ petition challenging the repeal of the Tamil Nadu Rosewood Trees (Conservation) Act, 1994, and the Tamil Nadu Rosewood Trees (Conservation) Rules, 1995, is disposed of.

In an order dated August 14, 2026, Justice N. Sathish Kumar and Justice K. Rajasekar said the reasons for recommending the repeal of the Tamil Nadu Rosewood Trees (Conservation) Act, 1994, defied logic, as the original Act itself indicated that rosewood was a rare species endemic to southern India and almost impossible to regenerate except by natural growth.

The judges were hearing the writ petition challenging G.O. (Ms.) No. 88, Environment, Climate Change and Forests (FR.4) Department, dated June 9, 2025, in which the government accepted the proposal of the Principal Chief Conservator of Forests (Head of Forest Force) for repealing the Tamil Nadu Rosewood Trees (Conservation) Act, 1994, and the Tamil Nadu Rosewood Trees (Conservation) Rules, 1995.

T. Mohan, senior counsel appearing for the petitioner T. Murugavel, pointed out that the impugned G.O., in fact, enabled the uncontrolled removal of rosewood on various patta lands. He argued that the order had been issued only with a vested interest.

The Tamil Nadu Rosewood Trees (Conservation) Act, 1994, itself was enacted with the object of preserving rosewood. The preamble of the Act clearly showed that rosewood was one of the important wood species endemic to the forests of southern India, especially in Tamil Nadu.

“It is also indicated in the preamble that rosewood is a rare species which is almost impossible to regenerate except by natural growth. Therefore, only in that context, in order to preserve rosewood trees, the Tamil Nadu Rosewood Trees (Conservation) Act, 1994, came to be enacted,” he pointed out.

Now, the impugned G.O. has been passed as though it is intended to increase the green cover, as mandated under the National Forest Policy, by promoting tree cultivation on private lands and also to encourage farmers to take up the plantation of rosewood trees in large numbers on their patta lands, in view of the competitive and remunerative price of rosewood trees. Therefore, a recommendation has been made by the PCCF to repeal the 1994 Act, he argued further.

Mohammed Fayaz Ali, Special Government Pleader, submitted that a detailed counter affidavit would be filed after going through the various proposals in this regard and examining what transpired even after the Tamil Nadu Rosewood Trees (Conservation) Act, 1994, came into force. He sought some more time. The amici curiae were advocates C. Mohan, M. Santhanaraman, and Rahul Balaji.

Allowing the Special Government Pleader to file a better counter affidavit in this regard, the judges said such a recommendation by the PCCF defied logic and kept the impugned G.O. (Ms.) No. 88 of the Environment, Climate Change and Forests Department in abeyance.