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Madras High CourtWP/50258/2006disposed of

Bharathiya Prani Mithra Sang, v. State Of Tamilnadu,

2015-08-05Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.50258 and 884 of 2006 W.P.No.50258 of 2006:

Bharathiya Prani Mithra Sang, Recognised by the Animal Welfare Board of India, No.4/321, Anna Salai, Palavakkam, Chennai-600 041, represented by its Founder Secretary.

.. Petitioner -vs1.State of Tamilnadu, rep. by its Home Secretary, Chennai.

2.The Director and Commissioner, Department of Animal Husbandry, DMS Compound, College Road, Chennai.

3.The District Collector, Singaravelu Maligai, Rajaji Salai, Chennai.

4.The Commissioner of Police, Egmore, Chennai-600 008.

5.The Assistant Commissioner of Police, Chennai North, Harbour, Chennai.

6.The Assistant Commissioner of Police, Chennai Central, Chintadripet, Chennai.

7.The Assistant Commissioner of Police, Chennai South, Adyar, Chennai-600 020.

8.The Chairman, Pollution Control Board, Santhome High Road, Chennai.

9.The Chairman, Animal Welfare Board, 3rd Seaward Road, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai-600 041.

10.The Health Officer and Local Health Authority, Corporation of Chennai, Chennai.

11.S.A.Kajah Mohideen 12.A.Abdul Mubeen, Joint Secretary, Advocate's Meelad Forum, Flat B-1, K.N.S. Residency, 10/68, Habibullah Road, Triplicane, Chennai-5.

13.T.Abdul Khader Sahib, Secretary, The Dastagir Sahib Jamia Mosque and Endowments, 36/51, Mosque Garden, East Jones Road, Saidapet, Chennai-15.

.. Respondents (Respondent No.11 impleaded suo motu as per order dt. 28.12.2006 in M.P.No.1 of 2006 in W.P.No.50258 of 2006 and M.P.No.19036 of 2006 in W.P.No.884 of 2006) (Respondent Nos.12 & 13 impleaded as per order dt.30.12.2006 in M.P.Nos.3 & 5 of 2006 in W.P.No.50258 of 2006)

W.P.No.884 of 2006:

G.Rajendran, Managing Trustee, In Defence of Animals and Environment, having its office at No.24/51, South Usman Road, T.Nagar, Chennai-600 017.

.. Petitioner -vs1.The Home Secretary, Government of Tamilnadu, Chennai-600 009.

2.The Commissioner of Police, Chennai-600 008.

3.S.Sudhakar 4.S.A.Kajah Mohideen .. Respondents (Respondent No.3 impleaded as per order dt.29.6.2006 in WPMP.No.16430 of 2006) (Respondent No.4 impleaded suo motu as per order dt. 28.12.2006 in M.P.No.1 of 2006 in W.P.50258 of 2006 & M.P.No.19036 of 2006 in W.P.No.884 of 2006) Writ Petition No.50258 of 2006 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to forthwith prohibit the slaughter of camels in the public and places of worship or in any manner exhibiting or selling camel's meat under the guise of performing Kurbani during the festival of Bakrid in the months of December and January every year. Writ Petition No.884 of 2006 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to stop the bringing of camels or any other animals for slaughtering purposes or for any other purpose or purposes except for Zoo purpose from its native states.

(Prayer amended as per order dated 1.11.2006 by the Hon'ble CJ & KCJ in W.P.M.P.No.18279/06 in W.P.884/06) W.P.No.50258 of 2006:

For Petitioner : Mr.Satish Parasaran

For Respondents : Mr.V.R.Kamalanathan Addl. Government Pleader assisted by Mr.V.Shanmuga Sunder Government Advocate for R1 to R7 Ms.Rita Chandrasekaran for R8 Mr.Jayesh B.Dolia for R9 Mr.K.Soundararajan for R10 Mr.D.Abdullah for R11 Mr.Ashrafkhan for R12 Mr.W.M.Abdul Majeed for R13 W.P.No.884 of 2006:

For Petitioner : Mr.G.Rajendran For Respondents : Mr.V.R.Kamalanathan Addl. Government Pleader assisted by Mr.V.Shanmuga Sunder Government Advocate for R1 & R2 Ms.S.Selvi George for R3 Mr.D.Abdullah for R4 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) We are in seizin of the issue relating to slaughtering of the Camels during the festival of Bakrid in W.P.Nos.11519, 13748 and 13749 of 2015, which reflects the current position. The present petitions are quite old and have been filed as Public Interest Litigation. We have no reason to keep these matters pending, but liberty is granted to the learned counsel for the petitioners to assist us in the aforesaid writ petitions, which are listed on 25.08.2015.

2. The writ petitions, accordingly, stand disposed of. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar bbr

Note: Office to print the name of the learned counsel for the petitioners in W.P.Nos.

50258 and 884 of 2006 in the cause list as the assisting counsels in W.P.Nos.11519, 13748 & 13749 of 2015.

To 1.The Home Secretary, State of Tamilnadu, Chennai.

2.The Director and Commissioner, Department of Animal Husbandry, DMS Compound, College Road, Chennai.

3.The District Collector, Singaravelu Maligai, Rajaji Salai, Chennai.

4.The Commissioner of Police, Egmore, Chennai-600 008.

5.The Assistant Commissioner of Police, Chennai North, Harbour, Chennai.

6.The Assistant Commissioner of Police, Chennai Central, Chintadripet, Chennai.

7.The Assistant Commissioner of Police, Chennai South, Adyar, Chennai-600 020.

8.The Chairman, Pollution Control Board, Santhome High Road, Chennai.

9.The Chairman, Animal Welfare Board, 3rd Seaward Road, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai-600 041.

10.The Health Officer and Local Health Authority, Corporation of Chennai, Chennai.

1 cc to Government Pleader.Sr.No.40370 1 cc to Mr.Satish Parasaran , Advocate Sr.No.40445 1 cc to Ms.Rita Chandrasekaran , Advocate Sr.No.40751 1 cc to Mr. K.Soundararajan , Advocate Sr.No.40768 Copy to: The Section Officer, Writ Section, High Court, Madras.(Vide note of this Order and comply the same.

W.P.Nos.50258 & 884 of 2006 jsv(co) pmk.19.08.2015