Vishaka Society For The Protection And Care Of The Animals v. Greater Visakhapatnam Municipal Corporation,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.6451 of 2011 ORDER:

This writ petition is filed seeking the following relief/s: 'To issue a writ, order or direction in the nature of a writ of Mandamus declaring the inaction and non-renewal of the MOU for the year 2010-2011 with the petitioner society in regard to the project of conducting ABC Operations to the street dogs by way of sterilization and immunization which the petitioner has been doing so far and the discontinuance of the project for the year 2010-2011 is illegal, arbitrary and violative of Rule 6 sub-rules 1 to 3 of the Animal Birth Control (Dogs) rules, 2001 framed by the Central Government u/s.38 of the Prevention of Cruelty to Animals Act, 1960 and further direct the respondent to strictly implement the project of Animal Birth Control (ABC) Operations, either with the participation and co-ordination of the petitioner society or any other viable and capable Animal Welfare Organization in the interest of safety of the public and the Dog population and pass any other order.'

[Reproduced verbatim] As there was no representation for the petitioner on 02.11.2015, the matter was directed to be listed today under the caption 'For Dismissal'. Despite listing the matter under the caption 'For Dismissal', even today there is no representation for the writ petitioner. I have heard the learned Standing Counsel for GVMC-respondent. I have perused the material record.

The learned Standing Counsel would submit that a connected writ petition in WP.No.29907 of 2010 was dismissed by this Court by orders dated 20.01.2011. He also would submit that in view of the relief sought and the lapse of time and the stand taken by the GVMC, the cause in the writ petition does not survive for adjudication and, therefore, this writ petition has become infructuous. Recording the aforesaid submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this writ petition shall stand closed.

_________________________ JUSTICE M. SEETHARAMA MURTI 3rd November, 2015 Vjl