Antony Clement Rubin v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Antony Clement Rubin .. Petitioner in W.P.No.12709/2024 M.Vignesh .. Petitioner in W.P.No.12710/2024 Vs 1.The State of Tamil Nadu, rep. by its Chief Secretary, Fort St. George, Chennai-600 009.
2.The State of Tamil Nadu, rep. by Secretary to the Government, Department of Animal Husbandry Dairying and Fisheries, Fort St. George, Chennai-600 009.
3.Tamil Nadu Animal Welfare Board, rep. by its Director and Member Secretary, Integrated Animal Husbandry and Fisheries Department Office Complex, 571, Anna Salai, Veterinary Hospital Campus, Nandanam, Chennai-600 035.
4.Animal Welfare Board of India, Ministry of Fisheries, Animal Husbandry and Dairying, National Institute of Animal Welfare Campus, P.O. 42 KM Stone, Delhi-Agra Highway, NH-2, Village-Seekri, Ballabhgarh, Faridabad, Haryana-121 004.
.. Respondents in both WPs.
Prayer: Petitions filed under Article 226 of the Constitution of India praying for a writ of mandamus to consider the petitioners' representation dated 15.2.2024 and to further direct the respondents to create a separate set of regulations under Section 38(1) of the Prevention of Cruelty to Animals Act, 1960 regarding pet boarding facilities in the State of Tamil Nadu with immediate effect. For the Petitioners : M/s.Kadambri Suresh for Mr.S.V.Pravin Rathinam For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 and 2 : Mr.V.Chandrasekaran for respondent No.4
COMMON ORDER (Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioners have filed the writ petitions seeking issuance of a writ of mandamus directing the respondents to consider the representations of the petitioners dated 15.2.2024 and to further direct the respondents to create a separate set of regulations under Section 38(1) of the Prevention of Cruelty to Animals Act, 1960 regarding pet boarding facilities in the State of Tamil Nadu.
2. Mr.A.Edwin Prabakar, learned State Government Pleader, who accepts notice on behalf of respondents 1 and 2, on instructions, submitted that the respondent authorities will consider and pass orders on the representations of the petitioners dated 15.02.2024 on merits and in accordance with law.
3. Recording the submission made by learned State Government Pleader and without expressing any opinion on the merits of the matter, the writ petitions are disposed of by directing the respondent
authorities to consider the representations of the petitioners dated 15.02.2024 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
(R.M.D., ACJ.) (M.S.Q., J.) 03.06.2024 Index :
Yes/No NC :
Yes/No bbr To:
1.The Chief Secretary, State of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Secretary to the Government, State of Tamil Nadu, Department of Animal Husbandry Dairying and Fisheries, Fort St. George, Chennai-600 009.
3.The Director and Member Secretary, Tamil Nadu Animal Welfare Board, Integrated Animal Husbandry and Fisheries Department Office Complex, 571, Anna Salai, Veterinary Hospital Campus, Nandanam, Chennai-600 035.
4.Animal Welfare Board of India, Ministry of Fisheries, Animal Husbandry and Dairying, National Institute of Animal Welfare Campus, P.O. 42 KM Stone, Delhi-Agra Highway, NH-2, Village-Seekri, Ballabhgarh, Faridabad, Haryana-121 004.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
bbr 03.06.2024