Timberlake International Pvt. Ltd. vs. M.P.A.U.S. Fernando – SC APPEAL NO: 06/2008-2010

Brief
In the case between Timberlake International Pvt. Ltd. (on behalf of Pussellawa Plantations Ltd.) and the Forest Conservators (including M.P.A.U.S. Fernando, P.G. Wickramasinghe, and the Divisional Forest Officer), the court addressed whether the Conservator-General of Forests possessed statutory and contractual authority to impose and recover stumpage fees at a rate exceeding the royalty prescribed by Notification No. 1303/17. The sequence of events included the Forest Officer’s decision to withhold transport permits, subsequent legal challenges by Timberlake International Pvt. Ltd. regarding the calculation of fees, and settlement negotiations. It was determined that the imposition of fees exceeding the statutory rate was improper and constituted a legal misdirection, especially in